Supreme Court Denies Cert. in Textron – Weakens Work Product Doctrine

The US Supreme Court, in an Order posted May 24, denied certiorari in Textron v. US (Supreme Court Docket No. 09-750). ACC filed an amicus curiae brief with the Court in January 27 arguing that the First Circuit’s ruling, that tax-related documents prepared by the company’s in-house lawyer are not entitled to work product protections, would chill analyses of litigation scenarios by the in-house attorneys who could best advise their corporate clients. In a blow to well-established precedent on application of work product doctrine, the First Circuit ruling will now stand.

Read ACC briefs and the First Circuit decision:

Several other amicus briefs were filed with the Supreme Court in this matter and can be found at the links below: