Privilege claim is upheld, but privilege log supplementation is required
Webxchange Inc. v. Dell Inc., C.A. No.08-132-JJF, February 16, 2010.
Farnan, J. Defendants’ motion to compel withheld documents is granted in part and denied in part.
Defendants contend that Plaintiff improperly withheld and redacted documents based upon the attorney client privilege, work product doctrine, and clergy-communicant privilege, and upon a claim that the information is “highly personal.” They also contend that the crime-fraud exception prevents Plaintiff from asserting privilege over patent prosecution documents. The court does not require production of documents withheld under the attorney client privilege, but does require supplementation of Plaintiff’s privilege log to include drafts of confidential communications made to an attorney.
