By Eric Schweibenz

20, 2009, Chief ALJ Paul J. Luckern issued Order No. 5 in Certain Adjustable Keyboard Support Systems and Components Thereof (Inv. No. 337-TA-670).  In the Order, ALJ Luckern modified the Protective Order in the investigation by adding a new paragraph addressing the inadvertent disclosure of documents and things subject to attorney-client privilege or work product immunity.  The new paragraph calls for inadvertently produced documents and things to be returned to the producing party within 5 days of the producing party’s written notification to the receiving party of the inadvertent production.  The new paragraph also provides that it “shall not preclude the receiving party, after having returned inadvertently produced materials, from seeking discovery of such materials or challenging any asserted immunity or privilege, in accordance with the USITC’s rules of practice and procedure and relevant law, on a basis other than asserted waiver due to inadvertent production.”