Generating privilege logs in large civil cases can be costly and time consuming. Litigants usually draft separate entries for every unique document, which can result in privilege logs with tens of thousands of entries spanning hundreds of pages. Rule 11-b, set to take effect in the New York State Commercial Division on Sept. 2, 2014 (22 NYCRR §202.70(g)), is an attempt to ease this burden.
The rule does so in several ways, including encouraging a categorical approach to privileged documents, as opposed to a document-by-document privilege log. In cases where documents are logged individually, the rule further provides that “each uninterrupted email chain shall constitute a single entry.” The rule further requires that each of these single email chain entries include the beginning and ending dates and times of the email chain, the number of emails within the dialog, and the names of all authors and recipients on those emails. These provisions for logging emails individuals are consistent with Rule II(E) of the Southern District of New York’s Pilot Project Regarding Case Management Techniques for Civil Cases.
