Privilege
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Privilege
Courts Disagree About Privilege Log Requirements: Part II
Last week’s Privilege Point described one court’s incredible requirement that litigants identify everyone who learned of a withheld document’s content — even if they were not shown as a recipient.
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Courts Disagree About Privilege Log Requirements: Part I
All or nearly all courts require litigants to log documents withheld on privilege or work product grounds (with an exception discussed next week). But they disagree about what the log should include — with some courts taking an unrealistically expansive view.
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What’s the Deal With “Intangible” Work Product? Part III
The last two Privilege Points (Part I and Part II) explained that the 1947 U.S. Supreme Court decision in Hickman v. Taylor, 329 U.S. 495 (1947), created a common law protection for litigation-related tangible and intangible things.
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