What needs to be included on a privilege log?

A party withholding privileged documents from discovery complies with Rule 26(b)(5)(A) by producing a log containing the following information for each withheld document: the date, type of document, author(s), recipient(s), general subject-matter of the document, and the privilege being claimed (e.g., attorney-client).

Is a privilege log required for redactions?

You aren’t censoring the information because of privilege; you’re hiding it based on privacy and protection. The irrelevant information could harm your company (or your clients, vendors, customers, or consumers) if exposed. A log isn’t essential in the sense that the recipient knows when a document includes redactions.

Does general counsel have attorney-client privilege?

Ordinarily, communication between counsel and a public relations/crisis management firm is not considered privileged unless the party asserting the privilege can show that the communication was necessary for the client to obtain informed legal advice.

What is the Upjohn test?

Also known as a corporate Miranda warning. The notice an attorney (in-house or outside counsel) provides a company employee to inform the employee that the attorney represents only the company and not the employee individually.

What are the different types of legal privilege?

The principal types of legal privilege are attorney-client, clergy-communicant, marital confidences, therapist-patient, and the privilege against self-incrimination. These privileges are available in the US and other common law countries.

What is the Upjohn rule?

The Upjohn Warning. The so-called Upjohn warning takes its name from the seminal Supreme Court case Upjohn Co. v. United States,1 in which the court held that communications between company counsel and employees of the company are privileged, but the privilege is owned by the company and not the individual employee.

Can a third party waive privilege?

The Use of Third-Party Agents and the Functional Equivalent Doctrine. Traditional black-letter law teaches that the presence of an outside, or third, party on an otherwise privileged communication will waive privilege.

Who can waive work product privilege?

A party or its attorney may waive the privilege by disclosing privileged information to a third party who is not bound by the privilege, or otherwise shows disregard for the privilege by making the information public. Bittaker v. Woodford, 331 F.

Is there legal privilege in a general counsel interview?

Specifically, the former CEO claimed that legal privilege should not attach to the General Counsel’s interview notes of the individual who made the allegations and to other investigatory materials. See id. at *4–7.

What should be included in a sample privilege log?

The first document on the sample privilege log, for example, may have had a series of questions, some for the CEO and some for the general counsel. The parties have indicated it has redacted those questions seeking legal advice in the document description.

When is outside counsel protected by attorney client privilege?

Communications with outside counsel are often easy to segregate and identify. If Company A hires Law Firm B to litigate a dispute, it is clear that communications between Company A and Law Firm B are likely protected by the attorney-client privilege (and often the work product doctrine as well).

Can a company waiver in-house counsel privilege?

Some courts, having initially found communications between in-house counsel and certain corporate employees privileged, have gone on to find a waiver of that privilege because the communication was disclosed to other corporate employees not within the scope of the privilege.