Reducing the Burdens of Privilege Logs: Leveraging Proportionality, Using Alternative Log Forms, Avoiding Waiver
Recording of a 90-minute CLE video webinar with Q&A
This CLE course will provide attendees with practical guidance and innovative ways to reduce the burdens of producing defensible privilege logs under Fed. R. Civ. P. 26(b)(5)(A), while still adequately protecting privileged communications and work product. The panel will (1) discuss leveraging Federal Rule 26(b)(1)'s proportionality standard during the privilege logging process; (2) analyze alternative privilege log formats like categorical and metadata-plus logs; and (3) explain best practices to help avoid inadvertent production and waiver of protections during the discovery process.
Outline
- Introduction
- Proportionality as applied to privilege logging
- The 2015 Amendment to Rule 26 and the emphasis of proportionality in discovery
- Application to discovery as a whole versus privilege logs
- Alternative formats for privilege logs
- Categorical logs
- Metadata-plus logs
- Avoiding inadvertent production and waiver
- Best practices for the privilege logging process
- All formats require compliance with the rules
Benefits
The panel will discuss these and other key issues:
- How can a requesting party help ensure that the burden of producing a privilege log does not shift from the responding party?
- Can alternative logging formats end up causing more problems than they solve?
- What are best practices from recent cases discussing questions of burden as to privilege logs?
Faculty
Adam Gajadharsingh
Partner
Barnes & Thornburg
Mr. Gajadharsingh has handled complex commercial litigation, class action, breach of contract, and unfair... | Read More
Mr. Gajadharsingh has handled complex commercial litigation, class action, breach of contract, and unfair competition disputes, among others. He has significant experience in the fields of e-discovery, knowledge management, as well as data privacy and security. Mr. Gajadharsingh is also well-versed in privilege protection, having developed procedures and training protocols to help ensure that privileged and work product material is not inadvertently produced during the discovery process. He has trained hundreds of attorneys regarding privilege law and has reviewed and/or challenged the validity of thousands of privilege coding determinations. He is a co-team leader of the Sedona Conference drafting team addressing the privilege logging process.
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Sandra Metallo-Barragan
Chief - E-Discovery Division
New York City Law Department
Ms. Metallo-Barragan is the Chief of the E-Discovery Division at the New York City Law Department. The Division works... | Read More
Ms. Metallo-Barragan is the Chief of the E-Discovery Division at the New York City Law Department. The Division works with client agencies to promote efficient, cost-effective, and defensible strategies and workflows related to electronic discovery. She joined the Law Department in 2013 where she is Co-Chair of the E-Discovery Committee, Co-Chair of the Women’s Committee, and a member of the Diversity, Equity & Inclusion Committee and the Caregiver Working Group. Ms. Metallo-Barragan is also a Sedona Conference Working Group 1 Steering Committee member. She graduated from George Washington University Law School in 2005 and was a litigation associate at Pillsbury Winthrop Shaw Pittman’s New York office, where she was a member of the firm’s Antitrust, Corporate Investigations & White Collar Defense Group, and Information Law and Electronic Discovery Practice Group.
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Meghan A. Podolny
Counsel
Hunton Andrews Kurth
Ms. Podolny's practice focuses on complex commercial litigation, information governance and eDiscovery issues, and... | Read More
Ms. Podolny's practice focuses on complex commercial litigation, information governance and eDiscovery issues, and internal investigations. She is counsel in the firm’s litigation practice and a central member of the Information Governance & eDiscovery group providing state-of-the-art data management and eDiscovery advice and services to a wide variety of corporate clients. Ms. Podolny's experience includes developing enterprise-level information governance best practices and working with clients on the development of tailored protocols to streamline a company’s discovery preparation and response to control costs associated with electronic information and meet its desired risk level. She frequently serves as eDiscovery counsel to advises and lead massive discovery response plans, often in response to internal investigations, governmental subpoenas or other requests. Ms. Podolny regularly leads presentations advising clients and lawyers alike on preservation obligations and strategies, predictive coding, and cross-border discovery issues. She is also a frequent speaker and writer on a number of issues related to electronic discovery, data preservation, privilege waiver, and employee communication privacy concerns.
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