Avoiding Objections to Privilege Logs: Criteria for Inclusion, Descriptions, Format Options, and Technology Tools

Recording of a 90-minute CLE webinar with Q&A


Conducted on Tuesday, August 18, 2020

Recorded event now available

or call 1-800-926-7926
Program Materials

This CLE webinar will provide attendees with practical guidance on how to prepare and produce below budget privilege logs that will not draw valid objections. The panelists will discuss the key components of a log, negotiating less onerous logging requirements, metadata and categorical logs, how to identify flaws in adversaries’ privilege logs, and how technology can reduce cost, improve quality, and prevent privilege waiver.

Description

Unless the parties stipulate otherwise, Fed. R. Civ. P. 26(b)(5)(A) mandates that when withholding an otherwise discoverable document on grounds of privilege or other protection, responding parties must assert the basis for withholding the document and provide sufficient information to assess that claim. But within those general requirements lies substantial room for interpretation, and this webinar will share best practices for generating logs that satisfy governing obligations without engaging in a costly, fully-manual exercise prone to error.

The best place to start is well before the first privilege log entry is drafted. Fed. R. Civ. P. 26(f)(3)(D) expressly contemplates agreements on “issues about claims of privilege” as part of the meet-and-confer process, and parties are advised to take advantage of this opportunity to exempt whole categories of documents from logging.

Jumping ahead, no privilege log should be served without first undergoing a thorough quality-control screen to identify the presence of third-parties that would ordinarily waive privilege. After all, diligent opposing counsel will no doubt scrutinize your privilege log in that same manner.

Listen as the panel discusses these and many other strategies for avoiding costly privilege-log mistakes that frustrate courts and sidetrack parties from the merits.

READ MORE

Outline

  1. Introduction (purpose/importance of privilege logs)
  2. Governing rules
  3. Key privilege log components
  4. Negotiating less onerous/narrower logging requirements
    1. Redactions
    2. Partially privileged documents
    3. Email threads
    4. Post-complaint communications with outside counsel
  5. Privilege log types
    1. Traditional (document by document)
    2. Categorical
    3. Automated/metadata
  6. QC strategies
  7. Ways to leverage technology
  8. Recent cases on privilege log objections and sanctions/waiver

Benefits

The panel will review these and other issues

  • What categories of documents should ordinarily be negotiated out of privilege logs?
  • How can technology be deployed to efficiently create internally-consistent privilege logs?
  • When are metadata and/or categorical privilege logs appropriate?
  • What best practices can be gleaned from recent cases, particularly when responding to objections and seeking to avoid waiver or other sanctions?

Faculty

Fisher, Donna
Donna L. Fisher

Senior Counsel
Troutman Pepper

Ms. Fisher a Senior Counsel at Troutman Pepper’s Harrisburg office. She concentrates her practice in civil...  |  Read More

Grounds, Alison
Alison A. Grounds

Partner
Troutman Pepper

Ms. Grounds is a partner at Troutman Pepper based in Atlanta and is the founder and Managing Director of eMerge –...  |  Read More

Hamilton, Matthew
Matthew J. Hamilton

Partner
Troutman Pepper

Mr. Hamilton Partner in Troutman Pepper’s Philadelphia office. He has more than twenty-four years’...  |  Read More

Lichter, Jason
Jason Lichter

Director of Discovery Services
Troutman Pepper

Mr. Lichter is the Director of Discovery Services at Troutman Pepper eMerge, the firm’s wholly-owned subsidiary...  |  Read More

Other Formats
— Anytime, Anywhere

Strafford will process CLE credit for one person on each recording. All formats include program handouts. To find out which recorded format will provide the best CLE option, select your state:

CLE On-Demand Video

$297

Download

$297