Monday, March 10th, 2008...6:30 am
DAlaska: Work Product Privilege
Judge John Sedwick has held that the work product privilege protects documents created in anticipation of litigation by non-attorneys working for attorneys, as well as by attorneys themselves. Here, while the privilege log did not indicate that an attorney was the intended recipient of the documents created by DLCA’s staff investigator, the Court relied on the employment relationship to construe the investigator’s memos as documents prepared “by a party.”
Sedwick also held that the memos were protected under 42 CFR § 51.45, which requires the agency to “keep confidential all records and information.”
Disability Law Center of Alaska, Inc. v. North Star Behavioral Health System, 2008 WL 616054 (D.Alaska Mar. 3, 2008)
Holly Johanknecht and Megan Allison represent the Center. Linda Johnson of Clapp, Peterson’s Anchorage office represents North Star.
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