holding that the parties' stipulated protective order did not govern a privilege waiver dispute, because while it provided that inadvertent disclosure of privileged documents would not constitute a waiver, "it does not address under what circumstances failure to object to the use of inadvertently produced privileged documents waives the privilege, which is what the Court must resolve here"

concluding that the producing party could not invoke Rule 502(b) where it failed to follow up with opposing counsel to obtain the return of the documents at issue and failed to petition the court for relief

discussing Fed. R. Evid. 502(b) governing disclosure of privileged documents

explaining that disclosure of a privileged document normally constitutes a waiver unless the elements of Rule 502(b) are satisfied

overruling finding that failure to object at deposition did not waive privilege due to clawback provision

applying Rule 502(b) despite the existence of a court order that provided for a general nonwaiver of privilege for inadvertent disclosure because that court order failed to offer detailed instructions regarding post-production responsibilities

In Luna Gaming, the court found that the plaintiff did not take reasonable steps to rectify the error in disclosure where the defendant used the disputed document at a deposition.