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This draft order states that parties should provide, "as much objective metadata as is reasonably available" on a privilege log, in addition to stating the basis of the privilege. The order specifically defines objective metadata as data not containing a description of ESI. The order allows for the designation of categories of ESI or documents that can be withheld because their production would be too burdensome.
If there are challenges to the assertion of privilege by one party or the other, the parties must meet and confer in order to make a good faith effort to designate categories for the documents at issue. The parties must prepare briefs on the legal issues pertaining to each category, and provide samples from each category for in camera review by the court if the issues cannot be resolved on the basis of the briefs.
The order also has a section providing for the clawback of privileged documents pursuant to Federal Rule of Evidence 502(d).