Reducing the Burdens of Privilege Logs: Leveraging Proportionality, Using Alternative Log Forms, Avoiding Waiver

Ms. Podolny's practice focuses on complex commercial litigation, information governance and eDiscovery issues, and internal investigations. She is counsel in the firm’s litigation practice and a central member of the Information Governance & eDiscovery group providing state-of-the-art data management and eDiscovery advice and services to a wide variety of corporate clients. Ms. Podolny's experience includes developing enterprise-level information governance best practices and working with clients on the development of tailored protocols to streamline a company’s discovery preparation and response to control costs associated with electronic information and meet its desired risk level. She frequently serves as eDiscovery counsel to advises and lead massive discovery response plans, often in response to internal investigations, governmental subpoenas or other requests. Ms. Podolny regularly leads presentations advising clients and lawyers alike on preservation obligations and strategies, predictive coding, and cross-border discovery issues. She is also a frequent speaker and writer on a number of issues related to electronic discovery, data preservation, privilege waiver, and employee communication privacy concerns.

Ms. Metallo-Barragan is the Chief of the E-Discovery Division at the New York City Law Department. The Division works with client agencies to promote efficient, cost-effective, and defensible strategies and workflows related to electronic discovery. She joined the Law Department in 2013 where she is Co-Chair of the E-Discovery Committee, Co-Chair of the Women’s Committee, and a member of the Diversity, Equity & Inclusion Committee and the Caregiver Working Group. Ms. Metallo-Barragan is also a Sedona Conference Working Group 1 Steering Committee member. She graduated from George Washington University Law School in 2005 and was a litigation associate at Pillsbury Winthrop Shaw Pittman’s New York office, where she was a member of the firm’s Antitrust, Corporate Investigations & White Collar Defense Group, and Information Law and Electronic Discovery Practice Group. 

Mr. Gajadharsingh has handled complex commercial litigation, class action, breach of contract, and unfair competition disputes, among others. He has significant experience in the fields of e-discovery, knowledge management, as well as data privacy and security. Mr. Gajadharsingh is also well-versed in privilege protection, having developed procedures and training protocols to help ensure that privileged and work product material is not inadvertently produced during the discovery process. He has trained hundreds of attorneys regarding privilege law and has reviewed and/or challenged the validity of thousands of privilege coding determinations. He is a co-team leader of the Sedona Conference drafting team addressing the privilege logging process.