In Rajala v. McGuire Woods, LLP, No. 08-2638 (D. Kan. Jan. 3, 2013), the district court made it clear that, where the court has entered an order pursuant to Federal Rule of Evidence 502(d) relating to the procedure to be followed in the event of inadvertent production, the default provisions of FRE 502(b) do not apply. As reported in 2010, in Rajala v. McGuire Woods, LLP, No. 08-2638 (D. Kan. July 22, 2010) the court held that it had the authority to enter an order pursuant to FRE 502(d) over the objection of the parties. That order included a “claw back” provision, allowing a party to claw back inadvertently produced privileged documents. Subsequently, plaintiff inadvertently produced privileged documents. Defendant argued that, notwithstanding the FRE 502(d) order, plaintiff had waived privilege because it had done a “data dump” on defendant and failed to take reasonable steps to prevent the production of privileged information as required by FRE 502(b)(2). The court disagreed: “as Plaintiff aptly noted, [FRE 502(d)] ‘is designed to allow the parties and the Court to defeat the default operation of Rule 502(b) in order to reduce costs and expedite discovery, i.e., to determine that “the privilege or protection is not waived by disclosure connected with the litigation.’””