Paul L. Caron

Thursday, January 28, 2010

Textron Amicus Briefs

Here are the eleven amicus briefs filed in the U.S. Supreme Court (No. 09-750) by yesterday's deadline, supporting Textron's certiorari petition seeking review of the First Circuit's 3-2 en banc decision in United States v. Textron, Inc., No. 07-2631 (1st Cir. Aug. 13, 2009), which reversed the 2-1 panel decision and held that Textron's tax accrual work papers were not protected under the work product doctrine and thus had to be turned over to the IRS in its tax shelter investigation.

See also National Law Journal, Reed Smith Gets Personal in Work-Product Debate Before Supreme Court, by Tony Mauro:

Another sign came on Wednesday of just how important a brewing Supreme Court dispute over the privacy of legal work papers may be to law firms nationwide.

In a rare move, the Reed Smith law firm, with nearly 1,600 lawyers worldwide, filed a brief on its own behalf -- and for two of its clients -- telling the Supreme Court how crucial the case of Textron v. United States is to the relationship between lawyers and their clients.

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Thanks for posting these briefs -- this is obviously an important issue. As a commercial litigator, I deal with these issues all of the time, and the split really is significant.

Posted by: Steve | Jan 28, 2010 7:55:20 AM