In the decision of Mechel Bluestone v. James C. Justice Cos., C.A. No. 9218-VCL (Del. Ch. Dec. 12, 2014), the Court of Chancery adjudicated a motion to compel and a request for sanctions in connection with a deficient privilege log.
As a result of various deficiencies in plaintiffs' privilege log, the Court held that plaintiffs waived the privilege as it relates to documents not adequately described on the logs. The Court stated that the preparation of privilege logs should involve "senior lawyers who know the applicable standards" and can make "textured judgment calls on a principled basis." Slip op. at 14.
This case is a good reminder that the Court expects attorneys to adequately describe documents on privilege logs, otherwise the privilege may be waived. In addition, senior attorneys must be involved in the process. As a further reminder, the Court expects Delaware counsel to discuss with forwarding counsel the expectations of the Court of Chancery. James v. National Financial LLC, C.A. No. 8931-VCL (Del. Ch. Dec. 5, 2014) (discussed here).
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
