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When is a Categorical Privilege Log Insufficient?

E-Discovery LLC

Two defendants sought discovery of communications between the plaintiff and the government. Plaintiff objected, asserting attorney-client privilege, joint prosecution privilege, common interest privilege, and the attorney work-product doctrine. The core allegation involved alleged fraudulent Medicare claims.

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A Request to File a Privilege Log Under Seal Was Denied

E-Discovery LLC

The court explained that: “Where other courts have assessed whether a privilege log should be sealed, they have refused to do so absent attestations that the privilege log reveals the substance of privileged communications.” Many courts have procedural rules or local rules that govern filing under seal.

Exhibits 130
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Another Approach to Drafting and Discovery of Litigation Hold Notices

E-Discovery LLC

Defendants objected. The Homeland court held that New York law provided the rule of decision as to privilege, because jurisdiction was based on diversity. At the risk of oversimplifying, I suggest a few guidelines and a different approach.

Discovery 130
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Good Help: Non-lawyer Assistants—Human and Virtual

WA Bar News

2001), for example, lawyers with direct supervision over a paralegal failed to instruct the paralegal on what to do if he encountered a litigation opponent’s privileged communications when reviewing files their client had provided from his time working as a senior executive of the company he was suing over stock compensation.