Clubcom, LLC v. Captive Media, Inc., 2009 WL 1885712 (W.D. Pa. June 30, 2009)

Key Insight: Where four privileged emails were produced among 4000 documents (in hard copy), where there was no indication that plaintiff produced the documents intentionally or failed to take reasonable precautions to prevent disclosure, and where plaintiff immediately took reasonable steps to rectify the error, court ruled privilege was not waived pursuant to Fed. R. Evid. 502(b)

Electronic Data Involved: Privileged emails