The court granted defendant's motion to compel the production of allegedly privileged documents that were inadvertently produced. "[Plaintiff's employee] was deposed and asked questions about [the privileged documents] in the presence of [plaintiff's] counsel. During a [later] deposition on June 18, 2010, the deponent was asked questions about [another privileged document]. [Other privileged documents] were used in a [later] deposition . . . Two hours after [that deposition], [plaintiff] sent its claw back demand and requested the return of all the Group B documents. [Plaintiff] did not attempt to claw back [the privileged documents] until over eight months after [the first deposition]. Because [plaintiff] did not promptly seek return of these documents after it learned of their disclosure, any privilege attaching to [the documents] has been waived."
Zapmedia Services, Inc. v. Apple, Inc., 2-08-cv-00104 (TXED September 24, 2010, Order) (Everingham, M.J.)