Advocacy Filings
US Chamber of Commerce amicus brief, Textron v. US, 1/10
US Chamber of Commerce amicus brief, Textron v. US, 1/10
US Chamber of Commerce amicus brief, Textron v. US, 1/10
Amicus Brief ISO Texas Windstorm 10.11.18
Tax Executives Institute, TEI, amicus brief, Textron v. US, 1/10
Textron II ACC Amicus Brief filed in the First Circuit United States Court of Appeals. This brief argues: the work product doctrine historically protects analysis of litigation risks, as opposed to the facts underlying litigation; dual purpose documents inherently reflecting the anticipation of litigation are protected under Maine and established law; the exception for documents created in the ordinary course of business does not apply to the workpapers; the IRS is wrong to suggest that the substance of the workpapers is irrelevant to an analysis of the work product doctrine; the IRS's desire to simplify its investigations does not trump the work product doctrine. Additionally, an argument is made Textron did not waive work product protection.
This brief focuses on issues that create additional personal liabilities for in-house counsel and defense counsel in general; the zealous representation, level of communication and overall relationship
of in-house counsel and their clients; and Document retention policies and the resulting liabilities for those who administer them.
Reed Smith amicus brief, Textron v. US