Little mistakes; big consequences. The possibility of catastrophic consequences from the inadvertent disclosure of confidential or privileged documents makes litigators cringe. The proliferation of large e-discovery productions that make manual review unfeasible increases the risks of a misstep.

F.R.E. 502 and F.R.C.P. 26(b)(5)(B) provide an effective mechanism for mitigating these concerns. The Pennsylvania rules, however, do not provide similar procedures. Counsel can nevertheless minimize the consequences of inadvertent disclosure by importing federal practices into Pennsylvania litigation.

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