Maintaining Privilege in the Age of E-Discovery

, New York Law Journal

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Lauren E. Aguiar and Julie E. Cohen of Skadden, Arps, Slate, Meagher & Flom write: The newly proposed Commercial Division rule relating to privilege log practice is intended to "promote more efficient, cost-effective pretrial disclosure." In light of existing federal and state case law, however, it is unclear whether and to what extent the rule will in fact lessen the burden on practitioners.

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