Avoiding Objections to Privilege Logs: Criteria for Inclusion, Descriptions, Format Options, and Technology Tools
Recording of a 90-minute CLE webinar with Q&A
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.
- Introduction (purpose/importance of privilege logs)
- Governing rules
- Key privilege log components
- Negotiating less onerous/narrower logging requirements
- Partially privileged documents
- Email threads
- Post-complaint communications with outside counsel
- Privilege log types
- Traditional (document by document)
- QC strategies
- Ways to leverage technology
- Recent cases on privilege log objections and sanctions/waiver
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?
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