Rule 26(b)(5) of the Federal Rules of Civil Procedure provides that, when a party withholds information otherwise discoverable by claiming the information is privileged or subject to protection as trial-preparation material, the party must:

(i) expressly make the claim; and

(ii) describe the nature of the documents, communications, or tangible things not produced or disclosed—and do so in a
Continue Reading Can the Content of My Privilege Log Jeopardize My Privilege Claim?

In Miller v. Zara USA Inc., (2017 N.Y. Slip Op. 04407, 1st Department June 6th, 2017), the First Department held that where, as here, a company’s written employment guidelines clearly provide that employees have no reasonable expectation of privacy when using a company-issued computer for personal purposes, no claim of attorney-client privilege over personal documents on


Continue Reading Just When You Thought It Was Safe To Use Your Company Computer*