Avoiding Objections to Privilege Logs: Criteria for Inclusion, Descriptions, Format Options, and Remedies
A live 90-minute CLE webinar with interactive Q&A
This CLE webinar will focus on the critical importance of preparing a privilege log that does not generate expensive discovery disputes and further re-drafting of the record or waiver of the privileges. Privilege logs can undermine the discovery process because they often lead to lengthy and costly disputes. Recent cases indicate that even experienced counsel still struggle with how to prepare and produce a practical log adequately and without drawing objections.
- Overview of FRCP 26(b)(5), 26(f), 34(b)(2)(C), FRE 502
- Form of a privilege log
- Document by document
- Sufficiency of description
- Objections and sanctions
The panel will review these and other issues
- What categories of documents are excludible from production?
- What do recent cases advise as to best practices for privilege logs?
- Can the judge deem the privilege waived as a sanction?
- Is the identity of a document ever protected from discovery?
Donna L. Fisher
Ms. Fisher a Senior Counsel at Troutman Pepper’s Harrisburg office. She concentrates her practice in civil... | Read More
Ms. Fisher a Senior Counsel at Troutman Pepper’s Harrisburg office. She concentrates her practice in civil litigation, with an emphasis on complex pharmaceutical products and medical device liability and commercial litigation. Ms. Fisher has coordinated and directed large-scale hard copy and electronic discovery in multiple complex, multi-state litigations, including technology assisted review and related large volume privilege reviews. She has written and lectured on attorney-client privilege and attorney work product, technology assisted review, and social media discovery.Close
Alison A. Grounds
Ms. Grounds is a partner at Troutman Pepper based in Atlanta and is the founder and Managing Director of eMerge –... | Read More
Ms. Grounds is a partner at Troutman Pepper based in Atlanta and is the founder and Managing Director of eMerge – a wholly owned subsidiary of the firm focused on providing clients with end-to-end, integrated discovery services. She serves a national discovery counsel for clients, ensuring for the effective, efficient, and proportional use of eDiscovery across matters. Ms. Grounds uses her trial experience to advocate on behalf of clients in courts across the country, takes and defends depositions related to eDiscovery issues, and leverages technology to help her clients find the facts necessary to resolve their legal matters. She is also an adjunct professor of eDiscovery and Legal Technology at Emory University School of Law and is nationally ranked for her eDiscovery practice by Chambers and Partners.Close
Matthew J. Hamilton
Mr. Hamilton Partner in Troutman Pepper’s Philadelphia office. He has more than twenty-four years’... | Read More
Mr. Hamilton Partner in Troutman Pepper’s Philadelphia office. He has more than twenty-four years’ experience representing clients in complex pharmaceutical products liability and commercial litigation, with an emphasis on the defense of federal multidistrict litigation, coordinated state court actions, class actions and other complex matters. Mr. Hamilton is certified in legal project management and Legal Lean Sigma. He trains and manages contract counsel and alternative legal service providers in nationwide litigation to deliver excellent results and client value. Mr. Hamilton has significant experience managing, directing and coordinating complex litigation through joint-defense groups and local counsel across jurisdictions.Close
Director of Discovery Services
Mr. Lichter is the Director of Discovery Services at Troutman Pepper eMerge, the firm’s wholly-owned subsidiary... | Read More
Mr. Lichter is the Director of Discovery Services at Troutman Pepper eMerge, the firm’s wholly-owned subsidiary providing end-to-end, integrated eDiscovery services. At eMerge, he develops and implements strategies to ensure that Troutman Pepper clients receive superior, defensible, and cost-effective legal and technological eDiscovery services. Mr. Lichter advises colleagues and clients on how to leverage industry-leading tools and well-honed best practices to efficiently guide matters throughout the eDiscovery lifecycle. His strong technical background includes substantial computer science coursework while an undergraduate at Yale University, followed by real-world experience as a software engineer for Sapient, a leading digital business transformation consultancy. A litigator by training, Mr. Lichter has represented clients on a wide variety of complex commercial, employment, and intellectual property disputes in state and federal courts.Close
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