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attorney work product found not to be privileged, because it was pre-litigation and they weren’t his clients.  However, the court didn’t force Fortenbaugh to produce them, because his work product and notes on his thoughts shouldn’t be given over to “the enemy.”  Case created, by common law, the quasi privilege of Attorney Work Product.  If people could get at attorney work product, people would be lazy.  Must show necessity to get this. 

This discovery is ridiculous.

Some discovery items not permitted (D's net worth, attorney billings, names of other complainers).  Privacy, don't want to call attorney to the stand, and didn't show necessity.

Others permitted (P's psychiatric records, since she claimed mental anguish.)

Coca Cola formula, not privileged, not secret, can be discovered, but lots of protective orders in place.  Only certain # lawyers can see, cannot reveal, etc.  The sanctions they would face if they broke these secrecy requirements would be great.  Needed to continue the suit.

P burned by pjs.  Asked for records of all complaints and communications concerning personal injuries or death from the burning of kids' pjs sold by Sears.

Sears said - our records aren't organized that way, but are done by complainant's last name.  Feel free to look through yourself.

Ct says - nope.  Sears must compile.  Can't profit from lazy recordkeeping.

Sexual harrassment case, wanted to discover old emails that may pertain to it.  V. expensive to pull off backup tapes.

Ct ruled do one year and see what you get, will decide if further from there.  Ended up not going further, not worth it.

Same holding as McPeek, only this time the initial search was fruitful.  Judge ordered remainder restored, and made P pay 25% of the cost.

Hickman
In Re Convergent Tech
Davis v. Ross
Coca Cola
Sears
McPeek
Zubulake