[Session 6] Should We Build A Better Mousetrap? Privilege Logs ⸺ Part I

In today's digital world, the review and preparation of privilege logs in litigation can consume hundreds of thousands of dollars or more. Yet, today's privilege logs rarely achieve the goals of enabling other parties to assess a claim of privilege or reducing the need for in camera examination of the documents. In short, the process used for protecting privileged ESI from production is broken. In part 1 of this 2-part series, representatives of different constituencies will lead the dialogue to identify what is working and what is not working. They will also explore where we might go from here in a "reasoned and just way" to ensure procedures regarding privilege are aligned with Federal Rule of Civil Procedure 1's mandate to "secure the just, speedy, and inexpensive determination" of every case. This series will culminate with a "discussion" at the 2020 WG1 Midyear Meeting regarding possible options to "move the law forward" in addressing privilege issues in discovery.