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During federal discovery, Defendant accidentally produces one privileged attorney-client email among 40,000 reviewed documents. Defendant had used keyword screening and attorney review before production, discovered the error two days later, and promptly notified Plaintiff to sequester and return the email. Plaintiff argues that privilege has been waived.
Which statement is most accurate under Rule 502?

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Any disclosure of privileged material in federal discovery always waives privilege for every document on the same subject. Rule 502 protects only documents created after trial begins. Inadvertent disclosure does not operate as a waiver if the disclosure was inadvertent, the holder took reasonable steps to prevent disclosure, and the holder promptly took reasonable steps to rectify the error. Rule 502 applies only if the judge personally reviewed the document before production.

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