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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.




 

The views expressed in this document are solely the views of the author and not Martindale-Hubbell. This document is intended for informational purposes only and is not legal advice or a substitute for consultation with a licensed legal professional in a particular case or circumstance.


 

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