Although Fed. R. Civ. P. 26 does not require privilege logs,
most courts expect them – and many courts specifically
require them. However, courts take widely varying approaches to log
requirements.
In Khasin v. Hershey Co., Case No.
5:12-cv-01862-EJD-PSG, 2014 U.S. Dist. LEXIS 23886 (N.D. Cal. Feb.
21, 2014), plaintiff challenged defendant Hershey's privilege
log. The court rejected Khasin's argument that Hershey's
log improperly "failed to provide the organizational positions
of senders and recipients." Id. at *12. The court
noted that plaintiff's arguments "are based on an
incorrect recitation of the requirements for a privilege log"
– because plaintiff relied on the Second Circuit's
"test for a sufficient privilege log [that] requires a greater
degree of specificity than the one required by the Ninth
Circuit." Id. at *12-13. The court pointedly noted
that "the Ninth Circuit's test does not require a
privilege log to provide the organizational positions of
