Clawback redaction is the pre-production pass on documents covered by an FRE 502(d) non-waiver order. FRE 502(b) shields an inadvertent disclosure only where reasonable steps were taken. anonym.plus keeps that pass in-house, so those steps are yours to show.
When this applies
FRE 502(d) lets a court rule that a disclosure waives nothing, in this case and in any other federal or state proceeding. That order is a backstop. FRE 502(b) still asks what you did before the file went out.
How anonym.plus handles it
- Open the documents in anonym.plus on your device.
- It flags names, contacts, and IDs across each file.
- Mark privileged passages for in-house handling.
- Confirm the flags before any disclosure.
- Redact or mask each confirmed item.
- Save the clean files on your device.
What you need to provide
- The documents (PDF, DOCX, or native files).
- An operator; Redact for full removal of sensitive text.
- Optional privilege tags to track handled items.
PII entity types detected
| Category | anonym.plus entity type | Example |
|---|---|---|
| Names | PERSON | client name → [CLIENT] |
| Names | PERSON | counsel name → [COUNSEL] |
| Contact | EMAIL_ADDRESS | privileged email → [EMAIL] |
| Dates | DATE_TIME | advice date → [DATE] |
| Identifiers | US_SSN | SSN → [SSN] |
| Document IDs | PERSON | Bates ref → [DOC_ID] |
Compliance achieved
- A pre-production pass is the reasonable step FRE 502(b)(2) looks for.
- An FRE 502(d) order carries non-waiver into any other federal or state case.
- FRCP 26(b)(5)(B) sets the return-or-sequester step once you give notice.
- On-device AES-256-GCM guards working files.
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Limitations & cautions
A clawback order limits the harm of a slip, but it is not a cure-all. Treat it as a backstop, not a substitute for careful review. Working locally lowers leak risk, yet you still confirm each flag before anything goes out.
Frequently asked questions
What separates FRE 502(b) from FRE 502(d)?
502(b) is a default test: an inadvertent disclosure waives nothing where you took reasonable steps to prevent it and moved promptly to fix it. 502(d) is a court order that removes the test and binds other federal and state proceedings.
Does a 502(d) order remove the need to review?
No. It limits the damage; it does not excuse the process. Courts still weigh what you did before the set went out, which is exactly what 502(b)(2) measures.
Can I tag privileged passages as I go?
Yes. Privilege tags track which items you handled, which helps document your process.