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Sarah Aberg is special counsel in the White Collar Defense and Corporate Investigations Group in the firm's New York office.

Effective September 2, 2014, the New York Supreme Court implemented a major change to the Commercial Division rules governing privilege logs submitted during the course of litigation. (See New York Supreme Court, Administrative Order of the Chief Administrative Judge of the Courts: Rule 11-b (July 8, 2014)).  Previously litigants were required to produce a traditional “document-by-document” privilege log that included a separate entry for each document being withheld, pedigree information for that document, and the specific privileges insulating the document from production.  Under Rule 11-b of the Rules of Practice for the Commercial Division, Litigants can instead produce “categorical” privilege logs.  Categorical privilege logs designate privileged documents by category, rather than in an item-by-item list.
Continue Reading New Commercial Division Rule Seeks to Streamline Privilege Log Requirements for Litigants