In Nordock Inc. v. Systems Inc.,No. 11-C-118 (E.D. Wis. Oct. 5, 2012), the court held that a party’s failure to timely log counsel’s opinion letters waived otherwise applicable privileges. Federal Rule of Civil Procedure 26(b)(5) requires that when a party withholds information otherwise discoverable by asserting privilege, that party must expressly make the claim and describe the nature of the documents being withheld in a way that will allow other parties to assess the claim. When a party fails to comply with these requirements, the asserted privilege may be waived. Here, Systems’ “general, conclusory assertions” that some documents were privileged, without including specific reference to the opinion letters in the privilege log, were insufficient under Rule 26(b)(5) and resulted in waiver.
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Failure to specifically identify opinion letters on privilege log results in waiver
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