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Federal E-Discovery: Court Applies Proportionality In Determining Privilege Log Burden
December 7, 2021
Litigation partners Chris Boehning and Dan Toal’s latest Federal E-Discovery column, “Court Applies Proportionality In Determining Privilege Log Burden,” appeared in the New York Law Journal. The authors discuss a pair of recent decisions in U.S. Bank Nat’l Assoc. v. Tri-axx Asset Mgmt in the Southern District of New York that applied proportionality principles in determining the detail required in a party’s log of privileged discovery documents. The plaintiff twice challenged the defendants’ privilege log as insufficient, prompting the court to note that “proportionality is an issue in evaluating privilege logs” in its ruling following the first challenge, and to deem the plaintiff’s second challenge and related requests “disproportionately burdensome” to the defendants. These decisions demonstrate the versatility of proportionality principles and their potentially wide-ranging applicability in the discovery context. E-discovery counsel Ross Gotler and e-discovery attorney Lidia Kekis assisted in the preparation of this article.