Publication Date

1998

Journal

Brooklyn Law Review

Abstract

The Adlman case, decided by the U.S. Court of Appeals for the Second Circuit, significantly expanded the scope of the work product doctrine, particularly affecting corporate legal documents. The court adopted the "because of litigation" test, determining that documents created in anticipation of future litigation are protected, even if they serve dual purposes such as business strategy. This ruling has implications for how companies prepare for transactions and disputes, potentially shielding more strategic documents from discovery while maintaining exceptions for routine or regulatory documents.

Volume

64

Issue

2

First Page

627

Last Page

658

Publisher

Brooklyn Law School

Disciplines

Evidence | Law

Comments

The Second Circuit Review: 1997-98 Term: Corporate Work Product

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