Privilege Logs: Law and Practice
Updated: Jan 18, 2022
How to get yours right while requiring your opponent to do the same.
Register at https://masonadr.inreachce.com/ for new CLE by a seasoned litigator, explaining the law, rules, and practice governing privilege logs. In the course of the program, he shares the insights and tips he has accumulated over a thirty-year career litigating complex commercial lawsuits. Topics addressed include: 1) Bases for asserting attorney-client and work product privileges; 2) Rationale and purpose of the privilege log requirement; 3) How courts determine untimeliness (and why they find waivers of privilege); 4) Required content of the log; 5) Importance of the "name legend;" 6) How to correctly articulate privilege claims in the privilege log; 7) How to log attachments to emails; 7) How to log "email strings;" 8) Increasing acceptance of "categorical" privilege logs; 9) Using privilege logs in deposition to undermine privilege claims; 10) effective motions practice: challenging their log and defending yours.
The presenter displays examples of actual privilege logs which have been endorsed, or condemned, in judicial decisions. The program uses these concrete examples to drill into the practical methods for optimizing not just the product, but the process of generating a privilege log.