Free Download – Properly Raising a Privilege and Describing Privileged Documents in DE

The burden of proving that the work product immunity, attorney-client privilege, business-strategies immunity, or other privilege or immunity applies to protect information from disclosure lies with the party asserting the privilege. Thus, it is incumbent on the party asserting a privilege or immunity to make a proper showing that the privilege or immunity clamed applies to the materials at issue. As an integral part of making such a showing, the party asserting a claim of privilege or immunity usually compiles a list describing the documents or other information being withheld from discovery on the ground of privilege. This list is commonly referred to as a privilege log. The privilege log convention for the designation and description of privileged information allows a party to reveal limited information in support of the claimed privilege without waiving the privilege.

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This excerpt was taken from Corporate and Commercial Practice in the Delaware Court of Chancery (by Michael Pittenger and Donald Wolfe), which has been recognized by Truth on the Market as one of the top ten corporate law works for the practitioner. Subscribers to lexis.com may access the treatise online. Non-subscribers may purchase the treatise from the LexisNexis Store.

Because it is the corporate domicile of choice in the United States, Delaware produces and implements the substantive laws governing internal affairs for most of our nation's corporations - large and small. As a result, most battles concerning the application of those laws are waged in Delaware courts. In Corporate and Commercial Practice in the Delaware Court of Chancery, you'll profit from the singular insight and firsthand experience of two of the court's leading practitioners. You'll quickly find out why the Court of Chancery is to corporate litigation what the Delaware General Corporation Law is to the nation's corporate community. And most important, you'll learn about numerous topics never before explored in such a comprehensive manner.