On Appeal

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(4) Supreme Court Holds There is No Waiver of the Work Product Doctrine When Information is Shared Between Coparties or Parties with Shared Interests.

In State v. Lead Industries Association, Inc., No. 2010-288-Appeal, the state argued that a defendant waived the work-product protection because it disclosed a document prepared in anticipation of litigation to three senior management personnel at a meeting of the defendant company’s board of directors.  Id. at 17.  The Supreme Court disagreed.

In holding that the defendant did not waive the work product protection by its disclosure of the information to three top members of its management, the Court recognized that “[t]here is no waiver where the transferor of the protected information and the recipient of that information are coparties or where they share interests in a matter litigated against a common adversary.”  Id.

About The Author

Nicole J. Benjamin

I am a shareholder and business litigator at AP&S. I help businesses and their legal departments achieve their objectives by reducing their liabilities, advising them on complex legal matters and defending unavoidable litigation in federal and state court.

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