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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