In this episode of Case of the Week, Kelly Twigger explores the applicability of a 502(d) order to pre-litigation documents in the complex case of FTC v. Amazon.com, Inc. (August 1, 2024). Kelly breaks down how inadvertent production and redactions play into privilege waivers under FRE 502(b), highlighting the challenges Amazon faced managing privileged documents across multiple investigations. Tune in to learn why the Court ruled that privilege was waived, the critical importance of maintaining consistent privilege protocols, and key strategies for preventing inadvertent disclosures.

Key Takeaways:

• How redacted productions can undermine claims of inadvertence.
• Why timely clawbacks are essential under FRE 502(b).
• The Court’s view that 502(d) orders don’t apply to investigations.
• Practical advice for leveraging AI and technology to prevent privilege waiver.

This episode provides essential insights for litigators and legal professionals navigating privilege management and eDiscovery pitfalls in high-stakes cases. Don't miss the actionable tips on preparing your team to avoid privilege-related risks in investigations and litigation.

FTC v. Amazon.com, Inc. (August 1, 2024)
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Thank you for tuning in to Case of the Week with Kelly Twigger. If you found today’s discussion helpful, don’t forget to subscribe, rate, and leave a review wherever you get your podcasts. For more insights and resources on ediscovery, visit Minerva26 and explore our practical tools, case law library, and on-demand education from the Academy. Join us next episode as we break down another important case shaping the future of ediscovery.