Tag waiver of privilege

Plaintiffs’ Failure to Timely Raise Lack of Defendant’s Privilege Log Defeats Waiver Claim, by Michael Berman, E-Discovery LLC.

Plaintiffs’ Failure to Timely Raise Lack of Defendant’s Privilege Log Defeats Waiver Claim

In Gurner v. American Family Mutual Ins. Co., the District of Nevada denied a motion to find privilege waiver based on an allegedly untimely privilege log. The court held that Rule 26 requires supplementation within a reasonable time, not on a rolling 30-day basis, and emphasized that waiver is an exceedingly severe outcome, particularly where plaintiffs delayed raising the issue.

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Does a Subject-Matter Waiver “Snowball” Into a Wholesale Waiver of Privilege Under a “Newfangled Theory”? by Michael Berman, E-Discovery Today.

Does a Subject-Matter Waiver “Snowball” Into a Wholesale Waiver of Privilege Under a “Newfangled Theory”?

In U.S. v. Jones, the court rejected both overly broad and narrow interpretations of privilege waiver and explicitly denied the government's "cumulative waiver" theory as contrary to Federal Rule of Evidence 502.

Read MoreDoes a Subject-Matter Waiver “Snowball” Into a Wholesale Waiver of Privilege Under a “Newfangled Theory”?