But after reviewing in camera and “considering the log entries, the withheld documents, and the record in support of the privilege assertion (including the declaration of Amanda Cochran-McCall, Dkt. [...] Second, Defendants challenged the sufficiency of many of the 469 entries on Plaintiff’s first objective privilege log, containing documents withheld as both attorney-client privileged and as work product and authored in the months preceding the filing of the lawsuit. [...] Judge Howell ordered Defendants to create a list “identifying the specific communications from the present log for which [] additional information is needed” and ordered Lowery to “produce a supplemental privilege log specifically (1) describing the content sufficiently to assess the assertion of the privilege and (2) identifying the privilege asserted” with 14 days of receiving this list. [...] He simply noted that his decision rested on “the log entries, the withheld documents [reviewed in camera], and the record in support of the privilege assertion (including the declaration of Amanda 1 Transcript not available at time of filing. [...] That is, unless every text in the chain was primarily for the purpose of legal advice, Plaintiff ought to receive the non-legal portions of the chain, with the legal advice redacted.
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- 21
- Published in
- United States of America