In Fairholme Funds, Inc. v. United States, No. 13-465C (Fed. Cl. Oct. 23, 2017), the government withheld 1,500 documents on the grounds of the deliberative process privilege and the bank examination privilege (but not based on the attorney-client privilege or the work product doctrine).  Confronted with the likelihood that the parties would engage in additional briefing and demand the court to review the 1,500 document in camera, the court ordered the government to provide the documents to the plaintiff for a “quick peek,” while protecting validly asserted privileges with an order entered pursuant to Federal Rule of Evidence 502(d).  Pursuant to the quick peek, plaintiffs would be allowed to review all of the withheld documents; plaintiffs could identify the documents they believed were relevant to the case; and the parties would then meet and confer and, only if agreement was not reached, plaintiff could file a motion to compel the limited number of disputed documents identified for production during the review.   The court acknowledged that the only case law in which a quick peek had been ordered was as a sanction against a party that had failed to provide an adequate privilege log, and that The Sedona Conference Commentary on Protection of Privileged ESI, 17 Sedona Conf. J. 99, 140 (2016), clearly takes the position that “[FRE] 502(d) does not authorize a court to require parties to engage in ‘quick peek’ . . . productions and should not be used directly or indirectly to do so.  . . . Rule 502 was designed to protect producing parties, not to be used as a weapon impeding producing parties’ right to protect privileged material.  Compelled disclosure of privileged information, even with a right to later claw back the information, forces a producing party to ring a bell that cannot by un-rung.”  The court distinguished the Commentary on the grounds that it was directed at the absolute protections of the attorney-client privilege rather than the qualified protections provided by the deliberative process and bank examination privileges before the court.