In Re Grand Jury Subpoena Dtd. January 4, 1984. United States of Am., 750 F.2d 223 (2d Cir. 1984). · Go Syfert
In Re Grand Jury Subpoena Dtd. January 4, 1984. United States of Am., 750 F.2d 223 (2d Cir. 1984). Cases Citing This Book View Copy Cite
“it is axiomatic that the burden is on a party claiming the protection of a privilege to establish those facts that are the essential elements of the privileged relationship, . . . a burden not discharged by mere conclusory or ipse dixit assertions.”
156 citation events (101 in the last 25 years) across 15 distinct courts.
Strongest positive: Lead Creation Inc. v. The Partnerships and Unincorporated Associations identified on Schedule A (nysd, 2023-04-06)
Treatment trajectory · 1986 → 2026 · click a year to view as-of
1986 2006 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
examined Cited as authority (verbatim quote) Lead Creation Inc. v. The Partnerships and Unincorporated Associations identified on Schedule A
S.D.N.Y. · 2023 · signal: see also · quote attribution · 1 verbatim quote · confidence high
it is axiomatic that the burden is on a party claiming the protection of a privilege to establish those facts that are the essential elements of the privileged relationship, . . . a burden not discharged by mere conclusory or ipse dixit assertions.
examined Cited as authority (verbatim quote) Sutton v. Saint-Sauveur Valley Resorts, Inc.
D. Vt. · 2020 · signal: see · quote attribution · 1 verbatim quote · confidence high
he burden is on a party claiming the protection of a privilege to establish those facts that are the essential elements of the privileged relationship, . . . a burden not discharged by mere conclusory or ipse dixit assertions.
examined Cited as authority (quoted) Sulaymu-Bey v. City of N.Y.
E.D.N.Y · 2019 · quote attribution · 1 verbatim quote · confidence low
it is axiomatic that the burden is on a party claiming the protection of a privilege to establish those facts that are the essential elements of the privileged relationship, a burden not discharged by mere conclusory or ipse dixit assertions.
cited Cited as authority (rule) Agnieszka Chomicz v. BDO USA, P.C.
S.D.N.Y. · 2025 · confidence medium
This burden “is not discharged by mere conclusory or ipse dixit assertions.” In re Grand Jury Subpoenas dated Jan. 4, 1984, 750 F.2d 223, 225 (2d Cir. 1984).
discussed Cited as authority (rule) UrthTech LLC v. Gojo Industries, Inc.
S.D.N.Y. · 2025 · confidence medium
Having failed to submit any opposition to the motion, UrthTech has failed to meet its burden to demonstrate the documents are privileged and that there has been no waiver. /n re Grand Jury Subpoena Dated Jan. 4, 1984, 750 F.2d 223, 224-25 (2d Cir. 1984) (the party withholding a document based on privilege bears the burden to demonstrate applicability of privilege).
cited Cited as authority (rule) IN RE DIDI GLOBAL INC. SECURITIES LITIGATION
S.D.N.Y. · 2025 · confidence medium
January 4, 1984, 750 F.2d 223, 224 (2d Cir. 1984)). 64 Vacco v. Harrah's Operating Co., No. 1:07-c-v-663(TJM/DEP), 2008 WL 4793719 , at *5 (N.D.N.Y.
discussed Cited as authority (rule) Mandarin Oriental, Inc. v. HDI Global Insurance Company (2×) also: Cited "see, e.g."
S.D.N.Y. · 2025 · confidence medium
This burden is “not discharged by mere conclusory or ipse dixit assertions.” In re Grand Jury Subpoenas dated Jan. 4, 1984, 750 F.2d 223, 225 (2d Cir. 1984).
discussed Cited as authority (rule) Loh Xiao Han v. Interexchange, Inc.
S.D.N.Y. · 2025 · confidence medium
A. Communications Related to Legal Advice Given by Attorneys and/or Attorney Communications To invoke the attorney-client privilege, a party must show: “(1) a communication between client and counsel that (2) was intended to be and was in fact kept confidential, and (3) was made for the purpose of obtaining or providing legal advice.” Smith, 2022 WL 17832506 , at *7 (quoting In re County of Erie, 473 F.3d 413 , 419 (2d Cir. 2007)). “[T]he burden is on a party claiming the protection of a privilege to establish those facts that are the essential elements of the privileged relationship.”…
cited Cited as authority (rule) Leccese v. Sharestates, Inc.
S.D.N.Y. · 2025 · confidence medium
This burden “is not discharged by mere conclusory or ipse dixit assertions.” In re Grand Jury Subpoenas dated Jan. 4, 1984, 750 F.2d 223, 225 (2d Cir. 1984).
cited Cited as authority (rule) Ayrton Capital LLC v. Bitdeer Technologies Group
S.D.N.Y. · 2025 · confidence medium
January 4, 1984, 750 F.2d 223, 224 (2d Cir. 1984)).
discussed Cited as authority (rule) Molnlycke Health Care US, LLC v. Greenwood Marketing, LLC
S.D.N.Y. · 2024 · confidence medium
The “question usually is whether the communication was generated for the purpose of obtaining or providing legal advice as opposed to business advice.” Id. “[T]he burden is on a party claiming the protection of a privilege to establish those facts that are the essential elements of the privileged relationship.” In re Grand Jury Subpoena Dated Jan. 4, 1984, 750 F.2d 223, 224 (2d Cir. 1984).
cited Cited as authority (rule) Mitura v. Finco Services, Inc.
S.D.N.Y. · 2024 · confidence medium
Aug. 22, 2024) (citing In re Grand Jury Subpoena Dated Jan. 4, 1984, 750 F.2d 223, 224-25 (2d Cir. 1984)).
cited Cited as authority (rule) Shaw v. Acadia Insurance Company
D. Vt. · 2024 · confidence medium
January 4, 1984, 750 F.2d 223, 224 (2d Cir. 1984); see also Safeco Ins.
discussed Cited as authority (rule) Augenbaum v. Anson Investments Master Fund LP
S.D.N.Y. · 2024 · confidence medium
“It is axiomatic that the burden is on a party claiming the protection of a privilege to establish those facts that are the essential elements of the privileged relationship, ... a burden not discharged by mere conclusory or ipse dixif assertions.” In re Grand Jury Subpoena Dated Jan. 4, 1984, 750 F.2d 223, 224-25 (2d Cir. 1984) (quotation marks and citations omitted).
discussed Cited as authority (rule) The Brooklyn Branch of the National Association for the Advancement of Colored People v. Kosinski
S.D.N.Y. · 2024 · confidence medium
January 4, 1984, 750 F.2d 223, 224 (2d Cir. 1984)); Schanfield v. Sojitz Corp. of America, 258 F.R.D. 211, 214 (S.D.N.Y. 2009) (“It is well-established that voluntary disclosure of confidential material to a third party waives any applicable attorney- client privilege.”).
cited Cited as authority (rule) Dorce v. City of New York
S.D.N.Y. · 2024 · confidence medium
This burden “is not discharged by mere conclusory or ipse dixit assertions.” In re Grand Jury Subpoenas dated Jan. 4, 1984, 750 F.2d 223, 225 (2d Cir. 1984).
cited Cited as authority (rule) Bennett v. Cuomo
S.D.N.Y. · 2024 · confidence medium
This burden “is not discharged by mere conclusory or ipse dixit assertions.” In re Grand Jury Subpoenas dated Jan. 4, 1984, 750 F.2d 223, 225 (2d Cir. 1984).
discussed Cited as authority (rule) Bryce Corporation v. XL Insurance America, Inc.
S.D.N.Y. · 2023 · confidence medium
Put simply, Defendant’s thin claims of privilege do not hold up, as it is well established that “conclusory or ipse dixit assertions” cannot “carry [the] ‘heavy burden’ of demonstrating the applicability of the [work product] privilege.” In re Grand Jury Subpoena Dated July 6, 2005, 510 F.3d at 184 (quoting In re Grand Jury Subpoena Dated Jan. 4, 1984, 750 F.2d 223, 225 (2d Cir. 1984)); see also Khan v. Midland Funding LLC, 956 F. Supp. 2d 515, 516 (S.D.N.Y. 2013) (“To carry its burden, a party must ‘show by affidavit or other competent evidence sufficient facts to bring the …
cited Cited as authority (rule) TIG Insurance Company v. Swiss Reinsurance America Corporation
S.D.N.Y. · 2023 · confidence medium
Jan. 4, 1984, 750 F.2d 223, 224 (2d Cir. 1984); In re Bonnano, 344 F.2d 830, 833 (2d Cir. 1965) (“That burden is not, of course, discharged by mere conclusory or ipse dixit assertions[.]”).
cited Cited as authority (rule) Cadaret, Grant & Co., Inc. v. Great American Insurance Company
E.D.N.Y · 2023 · confidence medium
In re Grand Jury Subpoena, 750 F.2d 223, 224-225 (2d Cir. 1984).
discussed Cited as authority (rule) Securities and Exchange Commission v. Rayat
S.D.N.Y. · 2023 · confidence medium
A proponent of privilege cannot meet the applicable burden by “mere conclusory or ipse dixit assertions.” In re Grand Jury Subpoena Dated Jan. 4, 1984, 750 F.2d 223, 225 (2d Cir. 1984) (quoting In re Bonanno, 344 F.2d 830, 833 (2d Cir. 1965)).
discussed Cited as authority (rule) Hayden v. International Business Machines Corporation
S.D.N.Y. · 2023 · confidence medium
However, courts have extended the attorney-client privilege to communications involving “persons assisting the lawyer in the rendition of legal services” including “office personnel, such as secretaries and law clerks, who assist lawyers in performing their tasks.” In re Grand Jury Subpoenas Dated Mar. 24, 2003, 265 F. Supp. 2d 321, 325 (S.D.N.Y. 2003) (footnotes omitted). “[T]he burden is on a party claiming the protection of a privilege to establish those facts that are the essential elements of the privileged relationship.” In re Grand Jury Subpoena Dated Jan. 4, 1984, 750 F.2d …
discussed Cited as authority (rule) Securities and Exchange Commission v. Rayat
S.D.N.Y. · 2023 · confidence medium
A proponent of privilege cannot meet the applicable burden by “mere conclusory or ipse dixit assertions.” In re Grand Jury Subpoena Dated Jan. 4, 1984, 750 F.2d 223, 225 (2d Cir. 1984) (quoting In re Bonanno, 344 F.2d 830, 833 (2d Cir. 1965)).
discussed Cited as authority (rule) Securities and Exchange Commission v. Rayat
S.D.N.Y. · 2023 · confidence medium
A proponent of privilege cannot meet the applicable burden by “mere conclusory or ipse dixit assertions.” In re Grand Jury Subpoena Dated Jan. 4, 1984, 750 F.2d 223, 225 (2d Cir. 1984) (citation omitted).
discussed Cited as authority (rule) DiBenedetto v. Harman International Industries, Inc.
S.D.N.Y. · 2023 · confidence medium
Grp., 29 F. Supp. 3d 142, 146 (E.D.N.Y. 2014) (recognizing that “investigatory reports and materials are not protected by the attorney- client privilege or the work-product doctrine merely because they are provided to, or prepared by, counsel.”); In re Grand Jury Subpoena, 750 F.2d 223, 224 (2d Cir. 1984) (recognizing that “ijt 1s axiomatic that” the burden to demonstrate a privilege “is on a party claiming the protection of a privilege . . . a burden not discharged by mere conclusory or ipse dixit assertions.”) (citations omitted).
discussed Cited as authority (rule) Matalavage v. Niagara County
W.D.N.Y. · 2023 · confidence medium
“It is axiomatic that the burden is on a party claiming the protection of a privilege to establish those facts that are the essential elements of the privileged relationship, a burden not discharged by mere conclusory or ipse dixit assertions.” In re Grand Jury Subpoena Dated January 4, 1984, 750 F.2d 223, 224 (2d Cir. 1984) (citations and quotation omitted).
cited Cited as authority (rule) Rekor Systems, Inc. v. Loughlin
S.D.N.Y. · 2023 · confidence medium
January 4, 1984, 750 F.2d 223, 224 (2d Cir. 1984)).
cited Cited as authority (rule) Smith v. Pergola 36 LLC
S.D.N.Y. · 2022 · confidence medium
January 4, 1984, 750 F.2d 223, 224 (2d Cir. 1984)).
cited Cited as authority (rule) White v. The City of Mount Vernon
S.D.N.Y. · 2022 · confidence medium
May 23, 2016)(quoting In re Grand Jury Subpoena Dated Jan. 4, 1984, 750 F.2d 223, 224-25 (2d Cir. 1984)).
discussed Cited as authority (rule) Blonder v. Independence Capital Recovery, LLC
E.D.N.Y · 2022 · confidence medium
In re Grand Jury Subpoena, 750 F.2d 223, 224-25 (2d Cir. 1984) (citing In re Bonanno, 344 F.2d 830, 833 (2d Cir. 1965)); see also United States v. Stern, 511 F.2d 1364, 1367 (2d Cir. 1975) (citing Bonanno, 344 F.2d at 833 ) (applying standard to attorney-client privilege).
cited Cited as authority (rule) ANDREWS v. D2 LOGISTICS, INC.
M.D. Penn. · 2022 · confidence medium
Jan. 4, 1984, 750 F.2d 223, 224-25 (2d Cir. 1984).
cited Cited as authority (rule) PRIME ENERGY AND CHEMICAL, LLC v. TUCKER ARENSBERG, P.C.
W.D. Pa. · 2022 · confidence medium
Jan. 4, 1984, 750 F.2d 223, 224-25 (2d Cir. 1984).
discussed Cited as authority (rule) Jackson v. Nassau County
E.D.N.Y · 2022 · confidence medium
In re Grand Jury Subpoena, 750 F.2d 223, 224-25 (2d Cir. 1984) (citing In re Bonanno, 344 F.2d 830, 833 (2d Cir. 1965); United States v. Kovel, 296 F.2d 918, 923 (2d Cir. 1961)) (internal quotation marks omitted); see also United States v. Stern, 511 F.2d 1364, 1367 (2d Cir. 1975) (citing Bonanno, 344 F.2d at 833 ) (applying standard to attorney-client privilege).
cited Cited as authority (rule) Technology Insurance Company, Inc. v. Philadelphia Indemnity Insurance Company
S.D.N.Y. · 2022 · confidence medium
January 4, 1984, 750 F.2d 223, 224 (2d Cir. 1984)).
cited Cited as authority (rule) O'Gorman v. Mercer Kitchen L.L.C.
S.D.N.Y. · 2021 · confidence medium
Aug. 9, 2017) (quoting In re Grand Jury Subpoena Dated Jan. 4, 1984, 750 F.2d 223, 225 (2d Cir. 1984)) (internal citation omitted).
discussed Cited as authority (rule) Pacific Life Insurance Company v. The Bank of New York Mellon
S.D.N.Y. · 2020 · confidence medium
See Upjohn Co. v. United States, 449 U.S. 383, 390 (1981); In re Six Grand Jury Witnesses, 979 F.2d 939 , 943-44 (2d Cir. 1992); In re General Motors LLC Ignition Switch Litigation (“In re GM”), 80 F. Supp. 3d 521, 527 (S.D.N.Y. 2015); Chen- Oster v. Goldman, Sachs & Co., 293 F.R.D. 547, 554 (S.D.N.Y. 2013). “[T]he burden is on a party claiming the protection of a privilege to establish those facts that are the essential elements of the privileged relationship.” In re Grand Jury Subpoena Dated Jan. 4, 1984, 750 F.2d 223, 224 (2d Cir. 1984); accord In re Grand Jury Subpoena Dated July 6…
cited Cited as authority (rule) Fero v. Excellus Health Plan, Inc.
W.D.N.Y. · 2019 · confidence medium
January 4, 1984, 750 F.2d 223, 224-25 (2d Cir. 1984).
discussed Cited as authority (rule) Universal Standard Inc. v. Target Corporation
S.D.N.Y. · 2019 · confidence medium
“Tt is axiomatic that the burden is on a party claiming the protection of a privilege to establish those facts that are the essential elements of the privileged relationship, .. . a burden not discharged by mere conclusory or ipse dixit assertions.” In re Grand Jury Subpoena Dated Jan. 4, 1984, 750 F.2d 223, 224-25 (2d Cir. 1984) (quotation marks and citations omitted).
cited Cited as authority (rule) Barbini v. First Niagara Bank, N.A.
S.D.N.Y. · 2019 · confidence medium
Jan. 4, 1984, 750 F.2d 223, 224 (2d Cir. 1984).
cited Cited as authority (rule) In re Haynes
Bankr. E.D. Tenn. · 2017 · confidence medium
Jan. 4, 1984, 750 F.2d 223, 224-25 (2d Cir. 1984).
discussed Cited as authority (rule) United States v. Wey
S.D.N.Y. · 2017 · confidence medium
The asserting party may not discharge its burden with “ ‘mere concluspry or ipse dixit assertions,”’ but rather must “present[ ] ‘those facts that are the essential elements of the privileged relationship.’” MacNamara, 249 F.R.D. at 79 (additional internal quotation marks omitted) (quoting In re Grand Jury Subpoena Dated Jan. 4, 1984, 750 F.2d 223, 224-25 (2d Cir. 1984)).
discussed Cited as authority (rule) Certain Underwriters at Lloyd's v. National Railroad Passenger Corp. (2×) also: Cited "see"
E.D.N.Y · 2016 · confidence medium
The proponent’s burden is “not discharged by mere conclusory or ipse dixit assertions.” In re Grand Jury Subpoena Dated Jan. 4, 1984 750 F.2d 223, 224-25 (2d Cir.1984) (citation and internal quotation marks omitted); accord In re Grand Jury Subpoena Dated July 6, 2005, 510 F.3d 180, 184 (2d Cir.2007); Wultz, 304 F.R.D. at 391 .
discussed Cited as authority (rule) Scott v. Chipotle Mexican Grill, Inc.
S.D.N.Y. · 2015 · confidence medium
The party asserting the privilege bears the burden of establishing facts to prove “the essential elements of the privileged relationship.” In re Grand Jury Subpoena Dated Jan. 4, 1984, 750 F.2d 223, 224 (2d Cir.1984).
discussed Cited as authority (rule) Wultz v. Bank of China Ltd.
S.D.N.Y. · 2015 · confidence medium
“It is axiomatic that the burden is on a party claiming the protection of a privilege to establish those facts that are the essential elements of the privileged relationship, ... a burden not dischai’ged by mere eonclusory or ipse dixit assertions.” In re Grand Jury Subpoena Dated Jan. 4, 1984 750 F.2d 223, 224-25 (2d Cir.1984) (quotation marks and citations omitted); accord Ghavami, 882 F.Supp.2d at 536 (citations omitted).
cited Cited as authority (rule) United States v. Zhu
S.D.N.Y. · 2014 · confidence medium
In re Grand Jury Subpoena Dated Jan. 4, 1984, 750 F.2d 223, 224-25 (2d Cir.1984).
discussed Cited as authority (rule) Schaeffler v. United States
S.D.N.Y. · 2014 · confidence medium
“It is axiomatic that the burden is on a party claiming the protection of a privilege to establish those facts that are the essential elements of the privileged relationship, ... a burden not discharged by mere conclusory or ipse dixit assertions.” In re Grand Jury Subpoena Dated Jan. 4, 1984, 750 F.2d 223, 224-25 (2d Cir.1984) (quotation marks and internal citation omitted); accord Ghavami, 882 F.Supp.2d at 536 .
discussed Cited as authority (rule) Securities & Exchange Commission v. Yorkville Advisors, LLC
S.D.N.Y. · 2014 · confidence medium
January 4, 1984, 750 F.2d 223, 224 (2d Cir.1984); accord McNamee v. Clemens, supra, 2014 WL 1338720 at *4; Chen-Oster v. Goldman, Sachs & Co., 293 F.R.D. 547, 554 (S.D.N.Y.2013) (Francis, M.J.); see also In re The City of New York, 607 F.3d 923, 944-45 (2d Cir.2010) (“the party asserting the law enforcement privilege bears the burden of showing that the privilege applies to the documents in question” (citation omitted)); In re Grand Jury Subpoena Dated December 19, 1978, 599 F.2d 504, 510 (2d Cir.1979) (The party asserting the protection of the work-produet doctrine bears the burden of pro…
cited Cited as authority (rule) Khan v. Midland Funding LLC
S.D.N.Y. · 2013 · confidence medium
In re Grand Jury Subpoena Dated Jan. 4, 1984, 750 F.2d 223, 225 (2d Cir.1984) (internal quotation marks omitted).
cited Cited as authority (rule) Orange County Water District v. Unocal Corp.
unknown court · 2013 · confidence medium
June 18, 2013) (quoting In re Grand Jury Subpoena Dated Jan. 4, 1984, 750 F.2d 223, 224-25 (2d Cir.1984)) (further citations omitted). .
Retrieving the full opinion text from the archive…
In Re GRAND JURY SUBPOENA DTD. JANUARY 4, 1984. United States of America, Appellant
249, Docket 84-6146.
Court of Appeals for the Second Circuit.
Dec 13, 1984.
750 F.2d 223
Mary McGowan Davis, Asst. U.S. Atty., Brooklyn, N.Y. (Raymond J. Dearie, U.S. Atty., E.D.N.Y., Brooklyn, N.Y., of counsel), for appellant., James A. Cohen, New York City (Page Kennedy, Douglass Maynard, Lisa Green-man, Legal Interns, Washington Square Legal Services, New York City, on brief), for appellee., Richard M. Zuckerman, John Doar Law Offices, Richard Emery, New York City, submitted a brief for amicus curiae N.Y. Civil Liberties Union., Sherwood B. Smith, Jr., Margaret M. Manning, Ober, Kaler, Grimes & Shriver, Washington, D.C., submitted a brief for amici curiae American Sociological Ass’n, American Political Science Ass’n and American Anthropological Ass’n)., Ann H. Franke, Lawrence White, Washington, D.C., Ralph S. Brown, New. Haven, Conn., submitted a brief for amicus curiae American Ass’n of University Professors.
Oakes, Winter, Clarie.
Cited by 121 opinions  |  Published
1 passage pin-cited by 1 case
Pinpoint authority: bottom 69%
Citer courts: E.D. New York (1)
WINTER, Circuit Judge:

The United States appeals Chief Judge Weinstein’s quashing of a subpoena duces tecum on the basis of a scholar’s privilege.

We reverse and remand for further proceedings.

Background

On March 21, 1983, a suspicious fire and explosion occurred at “Le Restaurant” in Glen Cove, Long Island. In the course of investigating the fire, the police questioned a waiter at the restaurant, appellee Mario Brajuha. Mr. Brajuha, who is not a target of the investigation, is a Ph.D. candidate at the State University of New York at Stony Brook where he is working on a dissertation entitled “The Sociology of the American Restaurant.” Mr. Brajuha related to the police that it was his practice to record contemporaneously his daily observations and conversations at Le Restaurant as field notes to be used in preparation of his dissertation. From July, 1982 until the fire in March, 1983, Mr. Brajuha entered in his journal several hundred pages recording his observations at Le Restaurant.

On January 4, 1984 a federal grand jury sitting in the Eastern District of New York issued a subpoena directing Mr. Brajuha to appear on January 18, 1984 to testify and to produce:

any notes, documents, written or recorded material concerning the operation of, activity at, conversations at, opinions of .the operations at, the “Le Restaurant” restaurant made as a result of your employment at the aforesaid restaurant during the period January, 1982 to the present.

Mr. Brajuha moved to quash the subpoena, claiming that it sought privileged materials. In support, he offered an affidavit of his attorney describing Mr. Brajuha’s status as a student, giving the title of his dissertation, and stating that “many” of his research sources had been promised confidentiality. The affidavit further stated that the subpoena would require him to divulge his sources and to turn over his personal diary. The record also contains statements by scholars asserting in the abstract the need for such a privilege but adding nothing with regard to Brajuha’s specific work.

On April 5, 1984, 583 F.Supp. 991, Judge Weinstein quashed the subpoena on the basis of a limited federal scholar’s privilege analogous to the limited news reporter’s privilege recognized in Branzburg v. Hayes, 408 U.S. 665, 92 S.Ct. 2646, 33 L.Ed.2d 626 (1972). This appeal by the government followed.

Discussion

Rule 501 sets forth a general rule covering all recognized common-law privileges and empowers federal courts to fashion testimonial privileges, guided by the “principles of the common law as ... interpreted ... in the light of reason and experience.” Fed.R.Evid. 501. The Senate Report accompanying enactment of Rule 501 expressly stated that judicial “recognition of a privilege based on a confidential relationship and other privileges should be determined on a case-by-case basis.” S.Rep. No. 1277, 93d Cong., 2d Sess. 13 (1974).

We regard the record in this case as far too sparse to serve as a vehicle for consideration of whether a scholar’s privilege exists, much less to provide grounds for applying it to Brajuha. We therefore reverse and remand.

It is axiomatic that the burden is on a party claiming the protection of a privilege to establish those facts that are the essential elements of the privileged relationship, United States v. Stern, 511 F.2d 1364,[*225] 1367 (2d Cir.1975); United States v. Kovel, 296 F.2d 918, 923 (2d Cir.1961), a burden not “discharged by mere conclusory or ipse dixit assertions.” In re Bonanno, 344 F.2d 830, 833 (2d Cir.1965). Brajuha’s factual proffer in support of his claim of privilege hardly rises to the level of conclusory assertions. His attorney’s affidavit states only that Mr. Brajuha is a doctoral candidate at SUNY, writing a dissertation entitled “The Sociology of the American Restaurant,” and that, in the course of his employment as a “participant observer” at various Long Island restaurants, he has gathered information “from a variety of sources, many of whom were promised confidentiality.”

Surely the application of a scholar’s privilege, if it exists, requires a threshold showing consisting of a detailed description of the nature and seriousness of the scholarly study in question, of the methodology employed, of the need for assurances of confidentiality to various sources to conduct the study, and of the fact that the disclosure requested by the subpoena will seriously impinge upon that confidentiality. Brajuha has provided none of the above.

Although Brajuha’s proposal for a Ph.D. thesis has presumably undergone careful scrutiny by faculty members at Stony Brook and his work is being actively supervised by one or more members of that faculty, the record contains neither documentary nor testimonial evidence from scholars of the nature of the work or of its role in the scholarly literature of sociology. One need not quip that “You can’t tell a dissertation by its title,” to conclude that the words “The Sociology of the American Restaurant” afford precious little information about the subject matter of Brajuha’s thesis. The descriptive words “sociology” and “restaurant” alone leave us with little more than an impression that Brajuha’s work has to do with unspecified practices and conduct in and around places where people pay to eat.

So far as methodology is concerned, we know only that Brajuha has chosen to be a “participant observer” of some sort as a means of collecting material. What exactly Brajuha’s role is, what kinds of material he hopes to collect, and how that role and that material relate to a need for confidentiality are unknown. Similarly, Brajuha has made no showing whatsoever that assurances of confidentiality are necessary to the study he is undertaking. Astonishingly, he has not even stated explicitly that confidentiality was necessary to his particular study. Rather, we know only that his attorney says he promised it to some people. There is thus no evidence of a considered research plan, conceived in light of scholarly requirements or standards, contemplating assurances of confidentiality for certain parts of the inquiry. Finally, and even more astonishingly, Brajuha has not established that all of the materials he seeks to keep from the grand jury in fact are covered by the privilege he asserts. We are told only that “many” of his sources were promised confidentiality in support of his claim that all of the papers sought by the government are protected by the privilege.

Our concerns here go to the heart of the decisional process. We are asked to recognize a qualified scholar’s privilege but lack a concrete factual situation in which to consider the issue. Given the present record, establishment of a scholar’s privilege would require us to create virtually an unqualified and indeterminate immunity attaching generally to all academically related inquiries upon the bald assertion that someone was promised confidentiality in connection with the study. None of the arguments marshalled by the district court, taken at their strongest, support a privilege that broad. At best, they raise an arguable question as to the validity of a qualified privilege where a serious academic inquiry is undertaken pursuant to a considered research plan in which the need for confidentiality is tangibly related to the accuracy or completeness of the study. Since such a privilege could not be invoked on this record, we need not reach the question of whether it ought to be recognized under Rule 501. Moreover, even if such a privilege were recognized, only those matters legitimately covered by the privilege would be withheld after an appropriate re[*226] daction. Brajuha’s claim of immunity for the entire journal is thus not justified.

We remand therefore for further proceedings. In light of the district court’s evident readiness to address the privilege issue on the present record, we believe appellee should have an opportunity to amplify the record in support of his claim of privilege. However, upon the remand, he must make a good faith designation of those portions of his work arguably covered by the scholar’s privilege and permit in camera inspection and redaction by the district court. Non-covered portions must be disclosed while he litigates his claim of privilege. He must also so designate matters of personal privacy in his diary for possible redaction. Further testimony before the grand jury shall be governed by these guidelines. Actual observation of criminal activity is not subject to a claim of privilege.

Reversed and remanded for further proceedings in accord with this opinion.