A party intending to assert a claim of privilege or work product protection in accordance
with Fed.R.Civ.P. 26(b)(5) shall confer with opposing counsel in preparation for the initial Rule
16 conference and agree upon a deadline in the civil case management plan to serve a privilege
log with respect to all documents withheld on that basis except for the following: written or
electronic communications between a party and its trial counsel after commencement of the
action and the work product material created after the commencement of the action are exempt
from disclosure on the privilege log. Subject to court approval, the privilege log may take a
categorical approach in lieu of itemization of each document, and this should be discussed and
agreed upon at the Rule 16 conference.
