A Privilege Log Can Be Admissible Evidence
A new ruling in Carefirst v. Johnson & Johnson affirms that privilege logs may be admissible evidence when specific metadata is used with proper foundation.
Tag work product
Read MoreA Privilege Log Can Be Admissible Evidence
No Waiver When Work Product Was Disclosed to FBI
A court held that Carnival’s voluntary disclosure of a crewmember’s statement to the FBI did not waive work product protection, citing the cooperative, non-adversarial nature of the exchange.
Privilege Log Helps Defeat Summary Judgment on One Count
In Conner v. Stark & Stark, a federal court used the defendant’s privilege log to identify factual disputes regarding the timing and motivation behind a termination decision, enabling the plaintiff’s discrimination claims to survive summary judgment.
Is Marking Documents as “Work Product” an Admission that the Duty to Preserve is Triggered?
The intersection of marking documents as "work product" and the common-law duty to preserve raises critical implications for litigation holds. In cases like Stuart v. County of Riverside, courts have inferred a link between work product designation and preservation duties, while The Sedona Conference offers a more nuanced approach to this complex issue.
Designation of “Work Product” Supports Inference of Intentional Spoliation
Stuart v. County of Riverside, 2024 WL 3086634 (C.D. Cal. Jun 14, 2024) emphasizes the importance of specifically designating "work product" protection in a privilege log as it can indicate intentional spoliation if evidence is not preserved after the date of the first work product designation.