not waived.” Zapata, 175 F.R.D. at 577. Zapata held that the reasonableness of precautionary measures requires consideration of the amount of notice a party received before production, the number of documents that the party actually produced, and how many of those documents they produced inadvertently. Id. Applying these factors, our court’s case law counsels against finding a waiver when a party must sift through a large expert report in a short amount of time and only produces a small number of documents inadvertently. See id. (finding evidence of reasonable precautionary measures when defense counsel had seven days’ notice, produced more than 1,000 documents, and inadvertently produced just one document during three and half years of litigation); see also Wallace, 179 F.R.D. at 314 (<HOLDING>); but see Am. Cas. Co. v. Healthcare Indem.,
holding attorney general could not contract on behalf of the state to employ an assistant attorney beyond the attorney generals own term holding defendant had taken reasonable precautions to prevent inadvertent disclosure because defendants attorney and an experienced legal assistant each reviewed thousands of documents before production holding that the district court did not err in determining that inadvertent disclosure did not result in waiver holding arbitration panel had authority to order the prehearing production of documents from a nonparty holding that the inadvertent disclosure of a privileged document does not waive the attorneyclient privilege if attorney took all reasonable steps to avoid disclosure and asserted the privilege as soon as the disclosure became known