When it comes to legal documents, precision and clarity are of utmost importance. This is especially true for documents like privilege clawback agreements, which aim to protect sensitive information from being disclosed in legal proceedings.
A privilege clawback agreement is a legal document that allows parties to a legal dispute to recover accidentally disclosed privileged information. This type of agreement is often used in litigation, where parties need to protect information that is considered confidential or privileged.
If you are in need of a privilege clawback agreement, it`s essential to ensure that the document is appropriately drafted. Here`s a sample privilege clawback agreement to guide you in creating your own.
[Name of Agreement]
This privilege clawback agreement (“Agreement”) is entered into on [date] by and between [Party A] and [Party B] (collectively, the “Parties”).
WHEREAS, the Parties are engaged in legal proceedings, and information exchanged between them may contain privileged or confidential information.
NOW, THEREFORE, the Parties agree as follows:
1. Definition of terms
For the purposes of this Agreement, the following terms have the following meanings:
(a) “Privileged Information” means information that is privileged or confidential under the law, including, but not limited to, attorney-client privilege, work product doctrine, and other similar privileges.
(b) “Disclosing Party” means the Party that discloses the Privileged Information.
(c) “Receiving Party” means the Party that receives the Privileged Information.
2. Inadvertent disclosure
In the event that a Disclosing Party inadvertently discloses Privileged Information to the Receiving Party, the Disclosing Party may notify the Receiving Party of such disclosure in writing within [number] days of the discovery of such disclosure.
3. Return or destruction of Privileged Information
Upon receipt of written notice, the Receiving Party shall promptly return or destroy all copies of the Privileged Information in its possession, custody, or control, including all electronically stored copies.
4. Waiver of privilege
The Parties agree that the return or destruction of the Privileged Information by the Receiving Party shall not constitute a waiver of any privilege or protection of the Privileged Information.
5. Effect on pending proceedings
This Agreement shall not affect the admissibility of any evidence in any pending or future proceedings.
6. Termination
This Agreement shall terminate [number] days after the conclusion of all pending or future proceedings between the Parties.
7. Governing law
This Agreement shall be governed by and construed in accordance with the laws of the state of [state], without giving effect to any choice or conflict of law provision or rule.
8. Entire agreement
This Agreement constitutes the entire agreement between the Parties with respect to the subject matter of this Agreement and supersedes all prior negotiations, understandings, and agreements between the Parties.
9. Assignment
This Agreement may not be assigned or transferred by either Party without the prior written consent of the other Party.
10. Amendments
This Agreement may only be amended or modified in writing and signed by both Parties.
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written above.
[Party A]
By: ___________________________
[Name], [Title]
[Party B]
By: ___________________________
[Name], [Title]
In conclusion, a privilege clawback agreement is an essential legal document that requires careful drafting. By using the above sample agreement as a guide, you can create a document that effectively protects your privileged information in litigation. Remember to consult with a legal expert to ensure that your agreement complies with all applicable laws.