Law360, New York (August 12, 2014, 10:04 AM EDT) -- Courts and litigants have been searching for ways in which to contain the ever-increasing costs of discovery and the production of electronic documents in particular. One such effort can be found in a recent amendment to the Rules for the Commercial Division of the State of New York changing the practice regarding privilege logs and how privilege assertions will be made. The new rule, 22 N.Y.C.R.R. § 202.70(g), commonly referred to as Rule 11-b, revises the practice of preparing privilege logs in New York's Commercial Division, and will go into effect on Sept. 2, 2014. It encourages attorneys to use categorical designations in privilege logs instead of an itemized list of each individual document a party is withholding from disclosure based on a claim of privilege....
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