Tag privilege protection

December 2025 Privilege Protection Amendments to Fed.R.Civ.P. 16 and 26, by Michael Berman, E-Discovery LLC.

December 2025 Privilege Protection Amendments to Fed.R.Civ.P. 16 and 26

Amendments effective December 1, 2025 to Federal Rules of Civil Procedure 16 and 26 emphasize early planning for privilege claims, encourage Rule 502 non-waiver orders, and highlight flexible approaches to privilege logging. The changes push parties and courts to address privilege procedures early in discovery and promote negotiated solutions that reduce cost and disputes.

Read MoreDecember 2025 Privilege Protection Amendments to Fed.R.Civ.P. 16 and 26