Key Insight: Work-product privilege protects documents prepared in anticipation by a party, its attorneys, or its consultants and agents. A consulting expert’s analysis and reports is protected work product. However, a consulting expert becomes a fact witness when it also acts a scheduler, inspector, or remediator. No protection would apply to those activities. The capacity in which the third party was acting will determine whether documents are work product. Raw data is not protected. However, the decision that certain subsets or compilations of data are relevant in advising the client or preparing the defense is protected. Opinions regarding such information to assist in advising or preparing the defense are also protected.
Nature of Case: Class Action, Tort
Electronic Data Involved: Raw Data, Report Logs, Electronic Documents Generally