BNP Paribas Mortg. Corp. v. Bank of Amer., N.A., Nos. 09 Civ. 9783(RWS), 09 Civ. 9784(RWS), 2013 WL 2322678 (S.D.N.Y. May 21, 2013)

Key Insight: Where Plaintiff sought the return of inadvertently produced privileged documents pursuant to the parties? Fed. R. Evid. 502(d) order (which required the production to be inadvertent to fall within the protective order), the court considered the Lois Sportswear factors and determined that Defendant used reasonable precautions to prevent disclosure (including training contract attorneys to identify privilege and employing a quality control team) and made prompt efforts to rectify their error and ultimately concluded privilege was not waived (court noted that waiver was also not established pursuant to Fed. R. Evid. 502(b))

Electronic Data Involved: Privileged ESI