Is Marking Documents as “Work Product” an Admission that the Duty to Preserve is Triggered?
E-Discovery LLC
NOVEMBER 5, 2024
26(b)(3) protects “things that are prepared in anticipation of litigation or for trial” and Fed.R.Civ.P. An issue arises when a privilege log entry states that a document is withheld from discovery as work product. Marking documents as “work product” may protect them from discovery. For example, Fed.R.Civ.P. emphasis added].
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