Topic
Privilege Log
49 published works
eDiscovery Bytes
Episode 131: Can Failing to Produce a Privilege Log Lead to Waiver of Privilege and Sanctions?
In Episode 131, our CEO and Founder, Kelly Twigger discusses how the failure to produce a privilege log for withheld documents resulted in a waiver of privilege and sanctions under…
eDiscovery Bytes
Episode 126: Key Takeaways on In-Camera Review and Categorical Privilege Logs for eDiscovery Day
In Episode 126, our CEO and Founder, Kelly Twigger discusses when a court will undertake in camera review of documents and whether a categorical privilege log can survive a motion…
New York Commercial Division Practice
Discovery Sanctions Alert: Failure to Include Withheld Items on Privilege Log Lands Party in Hot Water
Commercial Division Rule 11-b governs a party’s obligation to produce a log of documents withheld on the basis of privilege. Enacted in 2014, Rule 11-b substantially streamlines the privilege log…
Delaware Corporate & Commercial Litigation Blog
Chancery Court finds re-argument bid can’t carry ‘heavy burden’ for privilege log ruling re-do
This post was prepared by Frank Reynolds, who has been following Delaware law and writing about it in various publications for over 30 years. The Delaware Chancery Court recently rejected…
Resolving Discovery Disputes
Does the 45-Day Rule Apply When No Privilege Log was Served?
Recently I was contacted by an attorney who asked: “When does the 45 days to bring a motion to compel further responses to RPD begin? Is it when they serve…
eDiscovery Bytes
#CaseoftheWeek Episode 50: Adverse Inference Due to Lack of Back Up and Privilege Log
In our last episode of the year and of Season 1 of #CaseoftheWeek, CEO Kelly Twigger discusses when failure to provide back up for your discovery responses and an appropriate…
PracticePanther Blog
Categorical Privilege Logs Best Practices
Litigation comes with many challenges, including handling document discovery in a cost-efficient and timely manner. Litigators often face difficulty in determining which documents should be held back from litigation, based…
SDNY Blog
Judge Liman: Categorical Privilege Log Appropriate Even Where Third Parties Involved in Privileged Communications
In a potentially useful discovery order issued today, Judge Liman rejected defendants’ attempt to obtain a document-by-document privilege log from a plaintiff who had submitted a categorical privilege log. The…
Presnell on Privileges
Blanket Privilege Objection with No Privilege Log Constitutes Waiver–and Bad Faith, Court Rules
Here is a question for you: If a producing party objects to a document request on, first, relevancy, and second, privilege, do the Federal Rules of Civil Procedure still require…
eDiscovery Bytes
ESI Protocols Part IX: Negotiating Negotiating a Privilege Log You Can Live With
The following is Part IX in a multi-part series on how to draft and leverage an ESI protocol in any litigation. Part I of our series discussed the When, How and Why in…