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Case 1:15-cv-07433-LAP Document 1332-3 Filed 01/08/24 Page 18 of 21 communication that pre-date Defendant’s issuance of the statement — yet these communications never appeared on any of Defendant’s privilege logs. Either Defendant wrongfully failed to log those communications in an attempt to withhold them from this litigation (thus waiving any privilege over them), or all the claims she and Barden make about any pre-litigation privilege are untrue. At any rate, it appears that Defendant has withheld email communications with Barden from before January 10, 2015 — withheld even from her privilege log. It is well settled law that when a party fails to log purportedly privileged communications, that party waives any privilege. See In re Air Crash at Belle Harbor, New York on November 12, 2001, 241 F.R.D. 202, 204 (S.D.N.Y. 2007) (Sweet, J.). (“Even if attorney- client and work-product privileges had been established, the privileges would have been waived due to Golan's failure to submit a privilege log in accordance with the requirements of Local Rule”) (emphasis added); Strougo v. BEA Associates, 199 F.R.D. 515, 521 (S.D.N.Y. 2001) (Sweet, J.) (“The failure to provide a timely privilege log or to describe the documents in conformity with the Local Rules may result in a waiver of the privilege. See, e.g., Fed. R. Civ. P. 26(b)(5), Advisory Committee Notes (“To withhold materials without such notice is contrary to the rule ... and may be viewed as a waiver of the privilege or protection.”)”); Liz Claiborne, Inc. v. Mademoiselle Knitwear, Inc., 1996 WL 668862, at *4 (S.D.N.Y. 1996) (Sweet, J.), citing Baron Philippe de Rothschild v. Paramount Distillers, Inc., No. 87 Civ. 6820, 1995 WL 86476 at *1 (S.D.N.Y. March 1, 1995) (potential privilege waived by failure to produce privilege log describing allegedly privileged documents). Accordingly, Defendant has waived attorney-client privilege by failing to log her communications with Barden before January 10, 2015. 14