Parties are turning to privilege log alternatives like metadata logs, categorical logs, and logs reflecting samples of privileged documents to ameliorate the burdens of preparing document by document logs. As they do so, courts have in turn issued several recent opinions that provide guidance for how parties should handle the development of these logs, particularly categorical logs.

That guidance includes the following four points: (1) Courts routinely approve categorical logs; (2) parties may consider reaching agreements with adversaries regarding log categories; (3) log categories should provide key details regarding withheld information; and (4) Federal Rule of Civil Procedure (FRCP) 26(b)(1) proportionality standards apply to privilege logs.