In most situations, litigants withholding protected documents
must specifically list and describe the documents, rather than
relying on blanket privilege or work product assertions. Do courts
require an adversary to show the same level of specificity in
challenging a litigant's privilege log?
In Feld v. Fireman's Fund Insurance Co., Civ. A.
No. 12-1789 (JDB), 2014 U.S. Dist. LEXIS 52525 (D.D.C. Apr. 16,
2014), circus owner Feld sought attorneys' fees after winning
an insurance coverage action against defendant insurance company.
Among other things, the insurance company challenged Feld's
withholding of documents on work product protection grounds.
Although acknowledging that the defendant "ha[d] not seen the
actual documents, so it might have been difficult to offer detailed
objections to individual entries on Feld's privilege log,"
the court noted that defendant "has not even attempted to do
so, instead offering only one paragraph of generalized argument
that is