News & Analysis as of

Privilege Logs

Court Offers Rare Good News and a Helpful Hint about Effective Privilege Logs

by McGuireWoods LLP on

Plaintiffs suing document-laden corporate defendants often try to make privilege log mistakes into a destructive side show. In Dyson, Inc. v. SharkNinja Operating LLC, No. 1:14-cv-0779, 2017 U.S. Dist. LEXIS 52074 (N.D....more

Fifth Circuit Confirms that Documents Listed on a Privilege Log Are Not Per-Se Privileged

If one party in a lawsuit merely identifies documents on a privilege log without detail, does the other party bear the burden of showing that the withheld materials were not privileged, in order get access to those documents?...more

5th Circuit Discusses Privilege Logs In Connection With EEOC Investigation

Company records and communications are typically subject to disclosure in government investigations. They may be protected from disclosure if they are protected by the attorney client privilege or attorney-work product...more

Court Explains Who Can Make Privilege Rulings in Administrative Law Contexts

by McGuireWoods LLP on

Among administrative law judges, magistrate judges, and Article III judges involved in administrative issues, who can make privilege calls? In NLRB v. NPC International, Inc., No. 13-0010, 2017 U.S. Dist. LEXIS 23138...more

Nice Try: Federal Circuit Denies Uber Engineer’s Writ, Affirming the District Court

In trade secret cases, it is often the case that a defendant company and employee accused of trade secret misappropriation enter into a joint defense agreement. Often under such JDAs, facts, strategies and documents are...more

Looking Back on 2015: The 6 Most Important eDiscovery Cases in Delaware - Part 3

by Morris James LLP on

This is the third in a series of posts summarizing the 6 most important eDiscovery cases in Delaware in 2015. Pfizer, Inc. v. Amgen Fremont Inc., C.A. No. 10667-VCL, Hearing on Cross Motions to Compel and Rulings of the...more

2016 eDiscovery Case Law Year in Review, Part 2

by CloudNine on

As we noted yesterday, eDiscovery Daily published 74 posts related to eDiscovery case decisions and activities over the past year, covering 62 unique cases! Yesterday, we looked back at cases related to admissibility and...more

Key Lessons From the Recent Precedential Order by Federal Circuit – Jurisdiction, Mandamus, and Privilege

On November 17, 2016, the United States Court of Appeals for the Federal Circuit published a precedential order denying a petition for a writ of mandamus to overturn a district court’s determination. In In re: Rearden LLC,...more

E-Discovery — Setting standards, not cover

The Sedona Conference has a slogan: “Moving the law forward in a reasoned and just way”. That slogan is exactly the way I have described this impressive organization and what do....more

Finding Categorical Privilege Log to Be Inadequate, Court Orders Plaintiff to Provide a Metadata Log: eDiscovery Case Law

by CloudNine on

In Companion Property and Casualty Insurance Company v. U.S. Bank N.A., No. 15-01300 (D. S.C., Nov. 3, 2016), South Carolina District Judge J. Michelle Childs determined that the plaintiff’s categorical Privilege Log was...more

Court Denies Defendant’s Motion for Production of Documents for In Camera Review: eDiscovery Case Law

by CloudNine on

In Portland Pipe Line Corp. et. al. v. City of South Portland et. al., No. 15-00054 (D. Maine, Sept. 8, 2016), Maine Magistrate Judge John H. Rich, III denied the defendants’ motion to compel the production of documents...more

Can the Privilege Protect Emails that Lawyers Do Not Send or Receive?

by McGuireWoods LLP on

Because privilege logs generally require withholding litigants to identify emails' senders and recipients, the absence of a lawyer's name often triggers discovery skirmishes. Not surprisingly, the withholding litigants'...more

Privilege Dispute Is Resolved

by Morris James LLP on

Of eight disputed documents, six were found to be privileged. These include documents reflecting: - work conducted by one of Plaintiffs' engineers containing legal advice provided by one of Plaintiffs' attorneys based...more

Courts Deal with Litigants' Tardy or Inadequate Privilege Logs

by McGuireWoods LLP on

Courts frequently deal with litigants' tardy or inadequate privilege logs. Among other things, they must decide the standard of review for a magistrate judge's initial determination; who has jurisdiction to impose sanctions;...more

Looking Back on 2014: The 7 Most Important eDiscovery Cases in Delaware - Part 7

by Morris James LLP on

This is the seventh in a series of posts summarizing the 7 most important eDiscovery cases in Delaware in 2014. Mechel Bluestone v. James C. Justice Cos., C.A. No. 9218-VCL(Del. Ch. Dec. 12, 2014)....more

The E-Discovery Digest - October 2015

In This Issue: - Attorney-Client Privilege/Work Product Decisions: ..Decisions Protecting Against Disclosure ..Decisions Ordering Disclosure Other - Spoliation Decisions: ..Spoliation Sanctions...more

Business Litigation Reporter October 2015

by Goodwin on

Goodwin Procter’s Business Litigation Reporter provides timely summaries of key cases and other developments within dedicated Business Litigation sessions and related courts throughout the country – courts within which...more

California Ethics Committee Issues Opinion on Ethical Implications of eDiscovery

After over a year of consideration and an extended comment period, the State Bar of California Standing Committee on Professional Responsibility and Conduct recently issued an Opinion regarding the ethical obligations of...more

Challenging an Adversary's Entire Privilege Log

by McGuireWoods LLP on

Unless an adversary's entire log clearly falls below the required specificity standard, litigants generally must object to specific log entries rather than challenge the whole log. ...more

Focus on Tax Controversy and Litigation - Supreme Court Decides Maryland v. Wynne and Rules that Maryland Tax Scheme Is...

by Shearman & Sterling LLP on

In This Issue: - Maryland’s Tax Scheme Ruled Unconstitutional - “FTC Generator” Case Update - FSA Rules that Equitable Disgorgement May be Deductible Expense - District Court Upholds Attorney Client...more

Courts React Differently to Litigants' Failure to Properly Log Withheld Documents

by McGuireWoods LLP on

The Federal Rules of Civil Procedure do not require privilege logs, but most courts require one in their local rules, or at least expect one. Courts can react in widely varying ways to litigants' failure to prepare any log,...more

The E-Discovery Digest - June 2015

In This Issue: - - Attorney-Client Privilege/Work Product Decisions: ..Decisions Protecting Against Disclosure ..Decisions Ordering Disclosure - Spoliation and Preservation Decisions: ..Sanctions...more

Tax Court Holds that Inadequate Privilege Log Subjects Putatively Privileged Documents to Disclosure

by McDermott Will & Emery on

On May 26, 2015, the Tax Court issued its opinion in Pacific Management Group v. Commissioner, T.C. Memo. 2015-97, holding that a privilege log provided to the Internal Revenue Service (IRS) was inadequate to sustain claims...more

Senior Lawyers Must Be Involved in Privilege Log Preparation

by Morris James LLP on

In Mechel Bluestone v. James C. Justice Cos., C.A. No. 9218-VCL (Del. Ch. Dec. 12, 2014), the Delaware Court of Chancery decided a motion to compel the production of documents and a request for sanctions related to...more

New York Commercial Division Enacts New Rule to Promote More Efficient Privilege Logging

by Pepper Hamilton LLP on

When responding to document requests or a subpoena duces tecum, litigants in New York traditionally have been faced with the onerous privilege log requirements set forth in Section 3122 of the New York Civil Practice Law and...more

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