New Privilege Log Rules Are Here – Is Your Team Ready?

As of today, December 1, 2025, amendments to the Federal Rules of Civil Procedure officially take effect, reshaping how parties must approach the timing and method of making privilege claims in federal litigation. The changes to Rules 26(f) and 16(b) require parties to discuss, at the start of discovery, how they will meet Rule 26(b)(5)(A)'s requirements for asserting and describing privilege claims. They also authorize courts to incorporate those agreements into scheduling orders.

While the Federal Rules do not mandate privilege logs, they remain the primary way parties satisfy Rule 26(b)(5)(A). The new amendments represent the most significant privilege log reforms in decades, shifting privilege practice from a late-stage task to an early-stage priority.