February 23, 2004

INADVERTENTLY DISCOVERED DOCUMENTS ARE PROTECTED, THIS TIME AROUND

Armed Services Board of Contract Appeals

How many hours does it take two attorneys to sift through every page of 86 boxes of documents? (The answer provided below.) In this case, the judges carefully evaluated compelling arguments from both parties on whether documents inadvertently provided to the other side lose their attorney-client protection status. Ultimately, the circumstances of the documents for the particular case are determinate, and in this case, the contractor prevailed.

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