The Sedona Conference and its Working Group 1 on Electronic Document Retention and Production (WG1) are pleased to announce publication of the post-public-comment version of The Sedona Conference Commentary on Privilege Logs.
The Commentary, available here for free download, offers tools and strategies for both responding and requesting parties to mitigate the considerable burdens and competing interests that can be associated with privilege logs. Its primary conclusions include addressing format, timing, and anticipated issues early in the case to help reduce costly discovery disputes later; excluding certain categories of documents from the logging process; considering whether alternative formats to a “traditional” privilege log might be appropriate to the specific needs of the case; affirming that the burden is on the responding party to support its privilege claims; and recognizing that the concept of proportionality is integral to the privilege logging process. The Commentary's appendices include examples of various privilege log formats along with sample documents that appear on the logs. The exemplar documents are useful tools for helping to understand terminology and illustrate different types of privilege logs, as well as provide a visual representation of the strengths and weaknesses of each type of privilege log. The Sedona Conference Commentary on Privilege Log was posted for public comment in February and was the subject of a webinar in March. The editors carefully considered the comments that were submitted and, where appropriate, incorporated them into this final version.
The Sedona Conference Working Group 1
on Electronic Document Retention and Production The mission of Working Group 1 is to develop principles, guidance and best practice recommendations for information governance, and electronic discovery in the context of litigation, dispute resolution and investigations. To become a member of The Sedona Conference Working Group Series (WGS) and WG1, please visit https://thesedonaconference.org/join. |
