Overview
Judge Nathan issued a potentially useful opinion on Friday addressing the common problem of having to log too many privileged communications. She concluded it would be “unduly burdensome” to require one party “to review every document held by outside counsel” relevant to a particular issue in the case because “it would likely require review of substantial portions of the litigation files and internal law firm e-mails,” and because of “the strong likelihood that such documents are, in fact, subject to legitimate claims of privilege.” She suggested the parties agree on a protocol for what to log, and offered some suggestions, including (1) “the submission of ‘categorical’ privilege logs”; (2) “exclusion from the privilege logs of documents created after the commencement of litigation”; and (3) “excluding from the privilege log purely internal communications among counsel and their agents.”
