Jonathan Handler is quoted in an article, "Info From Journalists Isn't 'Work Product'", published by Massachusetts Lawyers Weekly. The article discusses the U.S. District Court's decision in Echavarria v. Roach, which addressed whether the information an attorney receives through an informal relationship with investigative journalists while representing a man appealing a criminal conviction constitutes attorney work product and is therefore protected from disclosure in discovery.
Handler told Massachusetts Lawyers Weekly the Echavarria case "highlights the 'daylight' between the scope of work product protection in the federal and state courts." In U.S. v. Textron, he noted, the First Circuit held that the work product doctrine did not shield tax accrual work papers relating to a completed transaction from an IRS summons, but previously, the Supreme Judicial Court (SJC) reached a seemingly contradictory decision in Comm'r of Revenue v. Comcast, determining that memoranda prepared by accountants to help structure a future transaction were protected work product.
"The differing result flowed in large part from the different tests each court adopted, each based on the fundamental question of what it means for a document to be 'prepared in anticipation of litigation,'" Handler explained. The First Circuit's test, "prepared for use at trial or in litigation," was narrower than the SJC's "because of" test, he said.
"Under the 1st Circuit approach, unless a document was prepared exclusively or at least primarily to assist in litigation, there is no work product protection," Handler continued. "In contrast, under the SJC approach, even if documents were prepared for a business purpose, they can be protected if considerations of potential future litigation played a role in their creation."
Mark Romance authored an article, "Five Tips for Representing a Non-Party Served with a Document Subpoena: Welcome to the Party?," published by the American Bar Association Section of Litigation.
Mark A. Romance authored an article, "Five Tips for an Effective Mediation Statement," which was published by the American Bar Association, Section of Litigation.
On March 11, Paul Williams presented at the Connecticut Defense Lawyers Association (CDLA) seminar, "Titans of the Defense," where he discussed tips, strategies and lessons learned from his trial experience.
Michael Furey and Sylvia-Rebecca Gutiérrez authored an article, "Is It Worth the Risk? Doing Business With Your Client," published by the New Jersey Law Journal in a Professional Malpractice special section.
Day Pitney Alert
Day Pitney Press Release
Day Pitney Press Release
Mark Romance authored an article, "Five Things to Do if You Absolutely Want to Lose a Court Hearing," published by the Commercial and Business Litigation Section of the American Bar Association.
Miami-based partner Mark Romance was quoted in an article, "Civil Theft Claims Not Barred by Economic Loss Rule," which appeared in Litigation News, a publication of the American Bar Association, Section of Litigation.
Day Pitney attorneys James Rotondo and Andrew Ammirati co-authored an Expert Analysis article, "May Amazon be held liable in strict products liability?," for Westlaw Today.