DLJ Mortgage Capital, Inc. v. Fox

In this residential mortgage foreclosure action, Petitioner seeks review of an order finding that it waived the right to raise work product and attorney client privilege objections to a discovery request because it failed to file a privilege log. We grant the petition.

To support its position, Petitioner makes three arguments. First, it contends that the failure to file a privilege log did not justify finding a waiver because some of the objections were category-based. Second, it claims that a privilege log was not due for several of the items, because the court had not yet ruled on other…