It’s every attorney’s nightmare: a notice you’ve accidentally handed over unprotected confidential information. To claw the information back, you’re forced to file an affidavit explaining how you failed to review thousands of documents and stating, “I misunderstood the role of the vendor.”
For some attorneys, though, this nightmare is reality. On July 20, a lawyer for Wells Fargo was informed that she had mistakenly produced confidential information on some of the bank’s wealthiest clients—on a CD-ROM, without redaction, and without a confidentiality agreement in place. What’s worse, the receiving party then took that information and showed it to the New York Times.
