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Federal Rules of Civil Procedure › Privilege Logs

Array

This Week in eDiscovery: Be Careful What Your ESI Protocol Says

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Every week, the Array team reviews the latest news and analysis about the evolving field of eDiscovery to bring you the topics and trends you need to know. This week’s post covers the period of May 11-17. Here’s what’s...more

Integreon

Creating Privilege Logs: A Best Practices Guide

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A privilege log is a critical component of the discovery process,. It provides a line-by-line account of confidential communications, documents, and other materials that have been withheld or partially redacted due to claims...more

EDRM - Electronic Discovery Reference Model

Privilege Logs, Null Sets, Search Strings, and Number of Custodians in One Decision

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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

Minerva26

Privilege Log, Privilege Log — It’s All About the Description

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A privilege log is the absolute bane of an attorney’s existence. I don’t mean it isn’t important and a critical component of discovery, but the level of planning, analysis and detail required to complete such a log is...more

EDRM - Electronic Discovery Reference Model

When is Failure to Provide a Timely Privilege Log Excusable?

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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

EDRM - Electronic Discovery Reference Model

Privilege Logs: New Techniques to Achieve Proportionality – The “Certification Log”

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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

Vinson & Elkins LLP

Reducing Costs of Privilege Review and Privilege Logging

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The difficulty of handling privilege disputes can be especially pronounced in cases involving a prolonged discovery period and large corporate defendants with different document custodians. When a party chooses to withhold...more

Pillsbury Winthrop Shaw Pittman LLP

Privilege Logs in Contract Disputes Act Litigation: An Equal Obligation for Both Parties

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A recent decision from the Civilian Board of Contract Appeals highlights that the Board will demand sufficiently detailed privilege logs from both agency and contractor litigants. Contractors and agencies must prepare...more

Searcy Denney Scarola Barnhart & Shipley

E-Discovery — Setting standards, not cover

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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

McGuireWoods LLP

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

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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

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