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Asserting and Challenging Privilege Claims in …

FACCIOLA ARTICLE - DRAFT 11/13/2009 11:55:44 AM THE FEDERAL COURTS LAW REVIEW Volume 4, Issue 1 2009 Asserting and Challenging Privilege Claims in Modern Litigation: The Facciola-Redgrave Framework Hon. John M. Facciola and Jonathan M. Redgrave1 ABSTRACT The volume of information produced by electronic discovery has made the process of reviewing that information, to ascertain whether any of it is privileged from disclosure, so expensive that the result of the lawsuit may be a function of who can afford it. The volume also threatens the ability to accurately identify and describe relevant and privileged documents so that the system of Claims and adjudication teeters on the brink of effective failure. The authors submit that the majority of cases should reject the traditional document-by-document Privilege log in favor of a new approach that is premised on counsel s cooperation supervised by early, careful, and rigorous judicial involvement.

FACCIOLA ARTICLE - DRAFT 4.0 11/13/2009 11:55:44 AM THE FEDERAL COURTS LAW REVIEW Volume 4, Issue 1 2009 Asserting and Challenging Privilege Claims in Modern Litigation: The Facciola-Redgrave Framework

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