Privilege
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Privilege
State Courts Offer Some Hope for Adverse Privilege Rulings' Interlocutory Appeals
Federal courts have eliminated nearly any chance for unsuccessful trial court litigants to immediately appeal adverse privilege or work product rulings – inexplicably rejecting the obvious "cat out of the bag" nature of such rulings. In federal court, the difficult "mandamus" route normally provides the only remedy.
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Do Arbitrations Count as "Litigation" for Work Product Purposes?
Fed. R. Civ. P. 26(b)(3) extends protection to documents prepared "in anticipation of litigation or for trial." An obvious question presents itself — what counts as "litigation"?
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The Strange Fiction of Rule 30(b)(6)
Under Fed. R. Civ. P. 30(b)(6), a litigant seeking a corporate adversary's deposition may insist that the corporation designate an individual to testify on the corporation's behalf about designated topics. The concept makes sense, because otherwise the litigant may have to depose numerous employees (who may or may not have the pertinent knowledge). But in practice, Rule 30(b)(6) depositions essentially rely on a fiction.
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