It’s an attorney’s worst nightmare—at least the worst during the discovery phase of a tough litigation. You produce tens, maybe hundreds, of thousands of documents from what today is likely to be a multi-million document collection, under incredible time pressures. And then you find out you produced some number of privileged documents. The number really doesn’t matter. What matters now is that you are on the receiving end of an argument that you waived the privilege.

With an ever-increasing number of documents passing through discovery, and rigid timeframes that are intended to expedite the process, how can you protect yourself against privilege waiver?

This webinar will show you how to combine the protections afforded by the law with the best approach to planning, workflow and analytics. Effectively employing these five techniques will help you avoid sleepless nights, worrying about whether privileged documents slipped through the cracks, and your privilege has been waived:

  1. A look at the law of privilege including 502(d) orders and 502(b) reasonableness issues.
  2. Defensible search techniques and practices that help identify past and present counsel during review.
  3. Advanced analytics techniques that will help identify law firm communication domains, including those that may well be forgotten law firms.
  4. Implement effective QC, including using technology assisted review capabilities to find the documents that are coded as not privileged.
  5. Using final sweeps before production as a failsafe method to ensure privileged files haven’t slipped through the crack.

If you don’t have a 502(d) Order, these practices go a long way toward demonstrating the reasonable nature of your privileged review. If you do have a 502(d) Order, you can still sleep better knowing that the other side is not likely to get a glimpse of your privileged materials.


John Tredennick | Founder and CEO | Catalyst
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John Tredennick is the CEO and founder of Catalyst Repository Systems, which designs, builds and runs the world's fastest and most powerful software platform for complex e-discovery, regulatory investigations and compliance. A former trial lawyer and litigation partner with a large national law firm (20+ years), John has written or edited five books and countless articles on litigation and technology issues and has spoken before legal-technology audiences in five continents. Recently, The American Lawyer named him one of the top six e-discovery trail blazers in its issue on the “Top 50 Big Law Innovators of the Last 50 Years.” He also served as chair of the American Bar Association’s Law Practice Management Section and was editor-in-chief of its flagship magazine Law Practice and the founder and editor of its webzine Law Practice Today.


Thomas C. Gricks III | Managing Director, Professional Services | Catalyst
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Tom is a managing director at Catalyst and a licensed attorney in Pennsylvania. Before recently joining Catalyst, he was a general commercial litigator for 23 years. He practiced before both federal and state courts across the United States, and, in addition to Pennsylvania, is admitted to practice in a number of federal jurisdictions, including the Supreme Court. For the past several years, Tom has devoted a substantial portion of his practice to e-discovery, with a particular emphasis on TAR. He argued the Global Aerospace case before the Circuit Court in Loudoun County, Virginia, which is the first case to permit the use of TAR over the objection of the opposing party.

Andrew Bye | Director, Machine Learning & Analytics | Catalyst 
Andrew Bye

Andrew is the director of machine learning and analytics at Catalyst, and a search and information retrieval expert. Throughout his career, Andrew has developed search practices for e-discovery, and has worked closely with clients to implement effective workflows from data delivery through statistical validation. Before joining Catalyst, Andrew was a data scientist at Recommind. He has also worked as an independent data consultant, advising legal professionals on workflow and search needs. Andrew has a bachelor’s degree in linguistics from the University of California, Berkeley and a master’s in linguistics from the University of California, Los Angeles.

Adam Tondryk, Esq., PMP | Managing Director, Managed Review | Catalyst
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A former litigation associate, Adam is an expert at helping review teams use Catalyst’s advanced technology to achieve greater efficiency and savings. He has 10 years’ experience ​managing a large variety of document reviews (including overseas) and developing best practices for quality assurance and review project management protocols. He regularly assists clients with designing document review workflows and is adept at forming rapid-response teams to staff any size and type of review.


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Catalyst designs, builds, hosts and supports the world’s fastest and most powerful e-discovery platform. For 20 years, Catalyst has helped global corporations reduce the total cost of discovery and take control of complex, large-scale discovery and regulatory compliance.

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