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Sanctions for Improper Privilege Assertions and Privilege Log Revisions



by David M. Greenwald
Jenner & Block LLP - Chicago Office

February 8, 2007

Previously published on December 30, 2006

In AAIpharma, Inc. v. Kremers Urban Dev. Co., No. 02 Civ. 9628 (BSJ) (RLE), 2006 WL 3096026 (S.D.N.Y. Oct. 31, 2006), the court imposed sanctions on plaintiff for improperly withholding documents on the basis of an overbroad assertion of the attorney-client privilege, and for repeatedly changing the stated basis for withholding documents on plaintiff's privilege log. The imposition of sanctions followed a lengthy discovery dispute between the parties that required multiple interventions by the court.




 

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