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Business Litigation: November 2013 Archives

Massachusetts Rules of Civil Procedure Amended to Provide "Clawback" of Privileged Materials

The Massachusetts Rules of Civil Procedure govern almost all civil cases in Massachusetts state courts.  Next year, new amendments to the Rules will take effect, significantly impacting the discovery process for many state lawsuits.  Most of the new amendments govern the exchange of electronically stored information (e.g., email messages), and have received much attention recently from lawyers and legal publications alike.  Another aspect of the amendments, however, has received less attention to date: the formalization of procedures providing for the return of privileged material that has been inadvertently disclosed.

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