March 11th webinar: “Privilege Logs: How to create them, and how to avoid them”

On Thursday, March 11th, at 1:00pm Catalyst is sponsoring a webinar discussion exploring recent e-discovery trends regarding privileged documents, including the Facciola-Redgrave protocol for privilege analysis and best practices for creating privilege logs.

This presentation will include:

* Analysis of key aspects of the Facciola-Redgrave Framework for avoiding a document-by-document privilege review. 

* Assessment of ways to integrate enhanced privilege search and culling into your e-discovery strategy;

*  Review of key elements of privilege reporting and practices to document effectively.

To register for the program  click here.

There has been much discussion about privilege, how the volume of information produced by electronic discovery has made the process of reviewing that information, to ascertain whether any of it is privileged from disclosure, so expensive that the result of the lawsuit may be a function of who can afford it.    Judge Facciola and  Jonathan Redgrave  (cochair of the Georgetown Law Advanced E-Discovery Institute and a partner with Nixon Peabody) published an article in the Federal Court Law Review which presents “The Facciola-Redgrave Framework”.   

They submit that the majority of cases should reject the traditional document-by-document privilege log in favor of a new approach that is premised on counsel’s cooperation supervised by early, careful, and rigorous judicial involvement.  That cooperation, having first led to an agreement as to what categories of information will be eliminated from any privilege review because the information is so clearly not privileged or so clearly privileged, will then focus on categorization of the information that must be reviewed.

The article in the Federal Court Law Review can be accessed here.