In Conner v. Stark & Stark, P.C., 2025 WL 1694052 (D.N.J. June 17, 2025), defendant’s privilege log helped partially defeat defendant’s summary judgment motion....more
6/26/2025
/ Attorney-Client Privilege ,
Discovery ,
e-Discovery Professionals ,
Electronically Stored Information ,
Employment Discrimination ,
Employment Litigation ,
Evidence ,
New Jersey ,
Privilege Logs ,
State Labor Laws ,
Summary Judgment ,
Wrongful Termination
In Gilbane Bldg. Co. v. School Bd. of Broward County, 2025 WL 1615553 (S.D. Fl. Jun 6, 2025), plaintiff moved to compel a “compliant” privilege log. The court decided six issues. The court wrote: “I agree that Defendant...more
6/18/2025
/ Attorney-Client Privilege ,
Discovery ,
Discovery Disputes ,
Document Review ,
e-Discovery ,
e-Discovery Professionals ,
Electronic Communications ,
Electronically Stored Information ,
Federal Rules of Civil Procedure ,
Legal Technology ,
Motion to Compel ,
Privilege Logs
By definition, a litigation hold notice is a communication from an attorney to a client regarding the duty to preserve potentially responsive information. In Homeland Ins. Co. of Del. v. Independent Health Ass’n., Inc., 2025...more
2/20/2025
/ Attorney-Client Privilege ,
Data Collection ,
Data Preservation ,
Discovery ,
Duty to Preserve ,
e-Discovery ,
e-Discovery Professionals ,
Electronically Stored Information ,
Evidence ,
Legal Technology ,
Litigation Strategies ,
Privilege Logs ,
Privileged Documents
The decision in Cook v. Meta Platforms, Inc., 2024 WL 251942 (N.D. Cal. Jan. 21, 2025), packs a lot into very few pages. In two instances, where Meta had offered a compromise solution, the court held Meta to that offer....more
1/24/2025
/ Data Management ,
Discovery ,
Document Productions ,
Document Review ,
e-Discovery Professionals ,
Electronically Stored Information ,
Evidence ,
Federal Rules of Civil Procedure ,
Privilege Logs ,
Privileged Communication ,
Privileged Documents
In OL Private Counsel, LLC v. Olson, 2024 WL 4839277 (D. Utah Nov. 20, 2024), the court addressed recovery of expenses by non-parties for responding to a subpoena....more
11/26/2024
/ Data Collection ,
Data Preservation ,
Depositions ,
Discovery ,
Document Productions ,
e-Discovery Professionals ,
Electronically Stored Information ,
Legal Costs ,
Privilege Logs ,
Privileged Communication ,
Subpoenas
In Stuart v. County of Riverside, 2024 WL 3086634, at *3 (C.D. Cal. Jun. 14, 2024), the District Court found a relationship between work product designations and triggering of the common-law duty to preserve....more
I have never heard of a “destruction/unavailable” log; however, in the comprehensive – indeed, exhaustive – decision of Leprino Foods Co. v. Avani Outpatient Surgical Center, Inc., 2024 WL 4488711 (C.D. Ca. Sep. 30, 2024),...more
10/18/2024
/ Attorney-Client Privilege ,
Discovery ,
Document Destruction ,
Document Productions ,
Document Review ,
e-Discovery Professionals ,
Electronically Stored Information ,
Evidence ,
Motion to Compel ,
Privilege Logs ,
Privileged Communication
In Linet Americas, Inc. v. Hill-Rom Holdings, Inc., 2024 WL 3425795 (N.D. Ill. Jul. 15, 2024), the court held that “attachments to attorney client communications may be withheld as privileged without an independent basis for...more
8/7/2024
/ Attorney-Client Privilege ,
Data Preservation ,
Discovery ,
Document Productions ,
e-Discovery Professionals ,
Electronic Communications ,
Electronically Stored Information ,
Evidence ,
Metadata ,
Privilege Logs ,
Privileged Communication
In Linet Americas, Inc. v. Hill-Rom Holdings, Inc., 2024 WL 3425795 (N.D. Ill. Jul. 15, 2024), the court “allowed [defendants] Hillrom to take limited discovery about when [plaintiff] Linet’s duty to preserve may have...more
In Linet Americas, Inc. v. Hill-Rom Holdings, Inc., 2024 WL 3425795 (N.D. Ill. Jul. 15, 2024), the court enforced an ESI Protocol that called for a “metadata-only” privilege log, even though parts of the metadata were...more
The purpose of a privilege log is to provide sufficient information for the recipient of the log to determine whether the withheld information is, at least on its face, privileged. In short: “Trust, but verify.” See,...more
In Melton Properties, LLC v. Ill. Central R. Co., 2024 WL 3015749 at *5 (N.D. Miss. June 14, 2024), the court listed the factors to consider in deciding when the failure to provide a timely privilege log is – or is not – a...more
In Rayome v. ABT Electronics, 2024 WL 1435098 (N.D. Ill. Apr. 3, 2024), the court wrote that “it would be in the parties’ interest to reach a negotiated result. It should not be forgotten that a party could be ‘right,’ but...more
In Kyle Rayome v. ABT Electronics, 2024 WL 1435098 (N.D. Ill. 2024), the court wrote that it “would prefer this case not go to the dark place where attorneys on one side demand that the attorneys on the other side provide...more
Privilege logs have been getting a lot of attention, with good reason. “Privilege logging is arguably the most burdensome and time consuming task a litigant faces during the document production process.” The Sedona...more