Use Excel to Count the Number of Emails in Each Email Chain
This is vexing problem which can take weeks and cost clients thousands of dollars in attorney time. Please read this practical solution…
Courts and litigants have long struggled with the question of how to describe email chains on a privilege log. Should you log only the most recent email, or log every email in the chain–or something in between? New York has recently adopted a potentially burdensome rule on this topic–one that cries out for an Excel solution.
Effective September 2, 2014, Commercial Division Rule 11-b imposes new obligations on litigants in New York Supreme who create document-by-document privilege logs, as opposed to the now-preferred “categorical privilege logs.” See here to read the rule. Among other things, entries for email chains should now indicate “the number of e-mails within the dialogue.” Rule 11-b (b)(3)(iii). That means you can log only the most recent email in a given chain, but you need to also disclose how many emails are in the chain.
How, exactly, does one figure out the number of emails in every email…
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Posted on August 10, 2015, in Uncategorized. Bookmark the permalink. Leave a comment.
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