In Good v. American Water Works Co., No. 14-01374 (S.D. W. Va. Oct. 29, 2014), the parties were unable to reach an agreement concerning a document production protocol and asked the court to intervene.  Plaintiffs took the position that they would agree to the entry of a “claw-back” order for privileged documents under Fed. R. Evid. 502(d) only if defendants agreed to forego a manual review for privileged documents.  Plaintiffs argued that a computer/mechanical review for privileged documents would be faster and sufficient inasmuch as defendants would remain protected by the ability to claw-back any inadvertently produced documents.  Defendants argued that they should be permitted to manually review potentially privileged documents notwithstanding the protection of a Rule 502(d) order.   The court entered a Rule 502(d) order reflecting defendants’ approach, holding that “defendants have chosen a course that would allow them the opportunity to conduct some level of human due diligence prior to disclosing vast amounts of information, some portion of which might be privileged.”  The court further held that “the parties need not agree” in order for the court to enter a Rule 502(d) order, and entered the order over plaintiffs’ objection.