Lit Alerts—November 2020

Privilege: District Court Rules Federal Rule of Evidence 502(d) Cannot Be Used To Compel Production of Potentially Privileged Documents Prior To Privilege Review

In Equal Employment Opportunity Commission v. George Washington University, the US District Court for the District of Columbia held that Federal Rule of Evidence 502(d) orders cannot be used to force a responding party to produce potentially privileged documents without the opportunity to first review them.

The US Equal Employment Opportunity Commission (EEOC) filed a discrimination lawsuit against The George Washington University, on behalf of Sara Williams, a former executive assistant to the university's athletic director. The EEOC alleged Williams was treated less favorably than a male comparator by being paid less for equal work and denied employment opportunities and advancement. A discovery dispute arose from four EEOC requests for production of documents served on the university—three seeking