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Perils, Pitfalls and Privilege Logs: Best Practices for Privilege Review
Presented By: DRI's Commercial Litigation Committee
This program will discuss best practices for reviewing documents and electronically stored information for privilege. The topics covered will include:
• The basic elements of the attorney-client privilege, work-product doctrine, and joint defense/common interest privilege;
• Privilege pitfalls that often arise in document discovery and practices that in-house counsel can implement to limit their occurrence;
• The procedural and substantive requirements for privilege logs and how to deal with electronic mail chains and other problematic types of documents; and
• Best practices to establish with outside counsel to efficiently and effectively identify privilege and minimize the possibility of waiver.
Who Should Attend:
- In-house counsel with responsibilities for corporate governance and compliance issues.
- Anyone with responsibilities for litigation management.
- Litigation counsel looking to learn new skills for managing privilege issues.
What Will You Learn?:
- Internal practices that can be implemented by in-house counsel to limit the occurrence of privilege issues.
- Procedural and substantive requirements for creating privilege logs that will withstand challenges.
- How to efficiently and effectively conduct privilege reviews to reduce costs and avoid waiver.
Greg R. Farkas, Frantz Ward
Gregory R. Farkas is a partner with the law firm of Frantz Ward LLP. Greg’s practice encompasses a variety of litigation matters, including commercial disputes, consumer fraud claims, and defense of bad faith and insurance coverage litigation. He has extensive experience in complex commercial litigation, including antitrust and competition issues, business governance, and contract disputes. Greg has represented defendants in numerous class actions in state and federal courts and has authored several articles concerning class action practice.
Sarah L. Cylkowski, BODMAN PLC
Sarah L. Cylkowski has extensive experience counseling clients through large-scale discovery. She helps clients navigate the preservation, collection and production of significant volumes of data while minimizing disruptions to their day-to-day business operations. In this role, she works efficiently with employees, experts, and co-counsel to streamline discovery and avoid unnecessary costs.
