On March 26, 2026, the First Department issued a decision in Richmond Global Compass Fund Mgt. GP, LLC v. Nascimento, 2026 NY Slip Op. 01862, holding that non-parties must provide privilege logs, explaining:
Supreme Court erred in finding that there was no precedent for ordering nonparties to produce a privilege log. On the contrary, nonparties, including attorneys, are not shielded from the requirement to produce privilege logs for documents withheld on the basis of privilege. The information supplied in a privilege log is necessary for plaintiffs to assess respondents’ privilege claim, as Deutsch’s supplemental affirmation did not give information to determine which communications, if any, were disclosed to third parties. In addition, even if the substance of the communications is privileged, the information that would be in a privilege log would also be material to plaintiffs’ claims. Communications received through disclosure indicate that Nascimento was speaking with “Jeremy” (that is, Deutsch) about legal issues, including defendants’ legal right to take credit for Compass’s three-year track record, contemporaneously with his departure from Compass, and a privilege log would contain the date of each communication.
That respondents’ privilege logs may be duplicative of defendants’ privilege log is irrelevant, as CPLR 3101 imposes no requirement that the subpoenaing party demonstrate that it cannot obtain the requested disclosure from any other source.
(Internal quotations and citations omitted).