Judge Is Emerging Giant In Discovery Jurisprudence

A recent opinion from Winfield v. City of New York counters recent attempts to dilute Federal Rule of Evidence 502(d) safeguards of privileged information against waiver by inadvertent disclosure. The City of New York had withheld more than 3000 documents on the basis of the lawyer-client privilege, the work product doctrine, and the deliberative process privilege. Plaintiffs requested the court to order a “quick peek” arrangement, in which plaintiffs would review the documents to determine whether any claimed privileges should be withdrawn. They cited Fairholme Funds, Inc. v. United States, a 2017 case in which the Federal Court of Claims imposed a “quick peek” procedure to address concerns that defendant over-designated certain documents under the deliberative process and bank examination privileges. U.S. Magistrate Judge Katharine Parker rejected the argument on several grounds. According to e-discovery expert Ralph Losey of Jackson Lewis, Judge Parker is distinguishing herself for the quality of her discovery jurisprudence.