Answer to Question 1
A claw-back provision is provided for under FRCP Rule 16 (6): any agreements the parties reach for asserting claims of privilege or of protection as trial-preparation material after production.. It is important to the legal team and the client because it is the safety net that protects the privileged and confidential materials of the client that are inadvertently disclosed during discovery. The provision can provide for return of the materials, or non-waiver of the privilege.
Answer to Question 2
Effectively managing a case may involve reviewing, sorting, and marking for identification hundreds or even thousands of pages of documents, photographs and other graphics. It also requires managing deadlines for filings such as pleadings and motions. A traditional approach to case management is a trial or case notebook. A three ring binder is divided into tabbed sections with the information included in the relevant sections. Items can be added, removed, and moved to another tabbed section within the binders. In many instances information may be relevant to more than one tabbed section. In that event, multiple copies of items can be placed wherever they might be relevant. Three specific tabs could include a pleadings tab, a depositions tab, and an exhibit tab.
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