of justice by encouraging clients to consult with counsel free from the apprehension of disclosure, then courts must work to apply the privilege in ways that are predictable and certain. In re von Bulow, 828 F.2d 94, 100 (2d Cir.1987). An uncertain privilege is a privilege that is little better than no privilege at all. Id.; Rhone-Poulenc Rorer Inc. v. Home Indent. Co., 32 F.3d 851, 862 (3d Cir.1994). Courts have followed three general approaches in deciding whether the inadvertent production of a document ’ that contains a confidential attorney-client communication waives the privilege. Some courts have found that inadvertently producing the document does waive the privilege. See, e.g., International Digital Sys. Corp. v. Digital Equip. Corp., 120 F.R.D. 445, 449-50 (D.Mass.1988) (<HOLDING>); Duplan Corp. v. Deering Milliken, Inc., 397
recognizing privilege holding that alleged infringer waived privilege with respect to all documents pertaining to the infringement of the patent holding that production of documents without a claim of privilege waives the right to later claim that privilege holding that the production of mislabeled documents or ones from which the label was mistakenly removed waived the privilege holding that the denial of an element or factor of ones opponents case does not operate as a waiver of the section 62210 privilege