[Session 9] Privilege Review and Logging

Traditional privilege review and logging has become increasingly complex and difficult in cases involving high volumes of electronically stored information. This session will analyze those challenges and emerging approaches for addressing the issues including through the use of categorical privilege logs, metadata logs, and technology-assisted review. This session will also address the roles of proportionality and cooperation, the need for non-waiver orders under Federal Rule of Evidence 502(d), and how courts can better recognize and address the challenges of protecting privilege in modern discovery.