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What Is "Litigation" for Work Product Protection Purposes?

Fed. R. Civ. P. 26(b)(3) and its state counterparts protect from discovery "documents and tangible things that are prepared in anticipation of litigation." This obviously includes civil litigation. But what about other forms...more

Another Court Deals with Rule 30(b)(6) Depositions

Under Fed. R. Civ. P. 30(b)(6), corporations must designate a witness to testify about the corporation's knowledge. Surprisingly few courts have reconciled this requirement with the common if not universal role that lawyers...more

Courts Analyze Work Product Doctrine Variations: Part I

Although the Federal Rules of Civil Procedure describe the work product doctrine in a single sentence, federal courts interpret that sentence in wildly varied ways. Four federal court decisions issued in just a nine-day...more

What Level of Litigation "Anticipation" Triggers Work Product Protection?

One of the great ironies of work product protection involves federal courts' widely varying interpretation of the single sentence codifying the Federal Rules' work product protection. Fed. R. Civ. P. 26(b)(3)(A). Among many...more

Court Takes a Common Sense Approach to Rule 30(b)(6) Depositions

Rule 30(b)(6) of the Federal Rules of Civil Procedure allows corporations' adversaries to insist that the corporation select a spokesman to provide binding testimony about designated topics. These depositions almost...more

Courts Disagree About Basic Work Product Doctrine Elements: Part I

The Federal Rules of Civil Procedure and most state court rules memorialize their basic work product doctrine in just one sentence. But courts take divergent views on what that sentence means. ...more

Courts React Differently to Litigants' Failure to Properly Log Withheld Documents

The Federal Rules of Civil Procedure do not require privilege logs, but most courts require one in their local rules, or at least expect one. Courts can react in widely varying ways to litigants' failure to prepare any log,...more

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