Civil Practice Committee (10/23/26)

Topic: Privilege Designation in eDiscovery: From Review Coding to Privilege Logs and Clawbacks in Federal and Illinois Courts

Speaker: Jennifer Freeman, Senior Director, Cimplifi

Description: Attorney-client privilege and work-product protection are fundamental to litigation, yet applying these doctrines during modern electronic discovery presents increasingly complex challenges. From identifying privileged communications within large document populations to preparing defensible privilege logs and addressing inadvertent disclosures, attorneys must navigate evolving legal standards while balancing efficiency, cost, and risk.

This practical CLE examines privilege designation under federal and Illinois law, including the important distinctions between the federal Upjohn standard and Illinois's corporate control group test, differences in work-product protection, and the rules governing waiver. The program also addresses the December 1, 2025 amendments to the Federal Rules of Civil Procedure concerning early privilege-log planning, along with clawback procedures and Federal Rule of Evidence 502(d) protections.

Drawing on real-world eDiscovery workflows, the presentation explores how attorneys identify, code, redact, and log privileged material; common privilege review mistakes; the role of analytics and artificial intelligence; and quality-control practices designed to minimize inadvertent disclosure and support defensible privilege determinations. Attendees will leave with a practical understanding of how to apply privilege principles consistently throughout discovery, from initial review through production.

Speaker Bio: Jennifer Freeman is Senior Director of Business Development at Cimplifi, a provider of technology-enabled legal solutions, including eDiscovery, analytics, artificial intelligence, and managed review. A former practicing attorney with more than 20 years of experience in legal technology, Jennifer has worked extensively with law firms and corporate legal departments on complex litigation, investigations, document review, and the implementation of technology-assisted discovery workflows. Her experience includes leadership roles at Relativity and FTI Consulting, with a focus on the practical application of technology to improve the efficiency, consistency, and defensibility of legal discovery processes.

(IL MCLE credit for live webcast only. No MCLE credit for on demand webcast.)

To confirm you are ready to participate in an on demand webcast, please take the browser test here: http://eventcenter.commpartner...

Live CBA Committee meetings and seminars will take place via Zoom webinar.  You will click on "view video" and be directly connected to the meeting/seminar on Zoom.  (You will not receive a Zoom link.)

You MUST have Zoom Desktop Client on your Mac or PC to view a live program. If using a mobile device, you must have the Zoom App (available in the App Store or Google Play).

System requirements for Mac & PC can be found here. System requirements for mobile devices can be here.  

Please note that audience members do not need video or audio access.  Audience members are able to submit questions via the chat or Q & A features of Zoom. 

Chat: Open in-meeting chat, allowing you to send chat messages to and send a message to the host, panelists, and attendees (if permitted). Question & Answer: Open the Q&A window, allowing you to ask questions to the host and panelists. They can either reply back to you via text in the Q&A window or answer your question live.