MAPI Report Analyzes First Circuit’s New Test for ‘Work Product’ and Its Potential Impact on Manufacturers

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9/30/2009

MAPI Report Analyzes First Circuit’s New Test for ‘Work Product’ and Its Potential Impact on Manufacturers

A recent ruling by the First Circuit regarding the work product doctrine (United States v. Textron) that applied a more stringent standard in determining what qualifies for work product protection could have far ranging implications for manufacturers.

A Manufacturers Alliance/MAPI report, When Protected “Work Product” Isn’t (LAR-500) provides an in-depth review of the work product doctrine, an analysis of the First Circuit decision and rationale, and the potential repercussions for manufacturer-prepared documents.

The work product doctrine is a tenet of law that protects information relative to litigation from having to be shared with opposing parties. The doctrine applies to items generated not only by attorneys, but also by representatives of attorneys. This distinction is important, particularly to manufacturers, because it ostensibly provides protection to work papers generated by company specialists such as tax accountants, environmental engineers, and product safety engineers, among others, acting as agents of an attorney on behalf of a company.

Reversing a consistent trend from most other federal appeals courts, the First Circuit’s recent Textron decision seems to have established a newer, stricter test for whether business documents merit work product protection. The paper, authored by MAPI attorney Rae Ann S. Johnson, provides an historical analysis of the doctrine and discusses what impact the First Circuit decision may have on the protection of business documentation in the future.

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Posted at 1:52 PM by 37584 | Category: Legal & Regulatory | Permalink | Email this Post