Guidance and a Model for Categorical Privilege Logs

SUMMARY

In September 2014, the Commercial Division of the NYS Supreme Court of New York adopted Rule 11-b of Section 202.70(g), which establishes a preference for categorical privilege logs. In the belief that some guidance might be useful for parties who may be new to the concept but whose cases may warrant a departure from the traditional document-by-document privilege log, the State Courts of Superior Jurisdiction Committee has prepared a report setting forth practical guidance regarding this procedure, including a model categorical privilege log. In preparing this guidance, the Committee looked to experience in New York’s federal courts, where categorical privilege logs are more common.