Privilege Log Objections Are Rising: How to Survive Rule 26(f)(3)(D) Challenges and Defend Your Entries

John Davis | Crowell & Moring LLP

John Davis is co-chair of Crowell & Moring’s E-Discovery group and a member of the Litigation, Privacy and Cybersecurity and Investigations practice groups. John has extensive experience in-house and as outside counsel representing companies in complex investigations and litigations and advising clients on information law issues—including discovery, data privacy, cross-border transfers, analytics, cybersecurity, information governance, and emergent technology. He leads responses to U.S. and foreign governmental inquiries; conducts international investigations of fraud and abuse, trade secrets theft, Foreign Corrupt Practices Act violations, and security incidents; and counsels companies on compliant practices in a broad range of disciplines. John is an award-winning author and frequent lecturer on investigations, privacy, and information law.

Genevieve Moreland | Crowell & Moring LLP

Genevieve Moreland focuses her practice on helping clients navigate discovery issues in complex litigation and government investigations, as well as in transactional matters such as mergers and acquisitions. She has more than 20 years of experience managing all phases of discovery, including leveraging technology to handle large volumes of documents, as well as overseeing collection processes and large-scale document reviews and productions. Genevieve has led a wide range of document reviews, including directing teams of several hundred reviewers. She has experience in workflow planning and execution for first- and second-level review, quality control, and privilege logs. Genevieve also advises clients on contract attorney vendor selection and budgeting.

George D. Carry | Crowell & Moring LLP

George D. Carry is an associate in Crowell & Moring’s Washington, D.C. office, where he focuses exclusively on electronic discovery and data management in complex commercial disputes, mergers and acquisitions, and government investigations. He advises clients on all aspects of e-discovery, including litigation readiness, large-scale data collection, document review management, technology-assisted review, and litigation support systems. With deep expertise at the intersection of law and technology, George delivers practical, efficient, and cost-effective discovery solutions for his clients.

Turkessa L. Brown | Crowell & Moring LLP

Turkessa L. Brown is an associate in the Crowell & Moring Washington, DC office where she practices with the E-discovery and Information Management practice group. She is a highly skilled attorney with nearly 20 years of experience in all phases of the electronic discovery life cycle. Her expertise includes managing large-scale document reviews in litigation, investigation and regulatory matters.

I. Setting the stage: The role of privilege logs in modern discovery | 1:00pm – 1:20pm

II. Rules 26 and 502 and the governing framework | 1:20pm – 1:40pm

III. Negotiating scope and reducing burden | 1:40pm – 2:00pm

Break | 2:00pm – 2:10pm

IV. Quality control and risk mitigation | 2:10pm – 2:30pm

V. Ethically leveraging advanced technology (like GenAI) | 2:30pm – 2:50pm 

VI. Recent case law and enforcement trends | 2:50pm – 3:10pm