Court splits on privilege for lawyer’s report

Trial Notebook

By Steven P. Garmisa

Hoey & Farina

Posted January 21, 2022 10:37 AM

Updated January 24, 2022 8:55 AM

Polaris Inc. hired a former general counsel of the Consumer Product Safety Commission to audit the company after it got word about a CPSC investigation into whether it violated federal reporting requirements for off-road vehicles that tended to burst into flames. A header on each page of her report proclaimed: “Privileged and confidential: Protected by attorney client privilege and attorney work product.” But the 32-page audit reportedly contained both legal and business advice. And the Minnesota Supreme Court …

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