On Sept. 2, the New York Commercial Division adopted a widely anticipated rule that aims to streamline discovery and save considerable time and expense. The rule encourages litigants to employ categorical privilege logs, which identify documents withheld from production in groups, in lieu of the traditional method of listing individually each document that is subject to a privilege or immunity.
Although the rule expresses a preference for categorical privilege logs, it provides little insight into the form those logs should take. This issue likely will be addressed by courts in the coming months and years. In the meantime, judicial interpretations of similar rules in other jurisdictions may be instructive.
Traditional Method
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