DEBARMENT AND DISCOVERABILITY OF INTERNAL AUDIT REPORTS: THE 2016 DENTONS “GILBERT A. CUNEO” GOVERNMENT CONTRACTS MOOT COURT COMPETITION

CWI asserts that the Audit Report and Interview Notes are protected by attorney-client privilege and the attorney work product doctrine, so it is not compelled to produce them for the debarment proceedings. [...]FAID asks the Court to compel disclosure of CWI's Audit Report and Interview Notes...

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Veröffentlicht in:Public contract law journal 2017-01, Vol.46 (2), p.459-514
Hauptverfasser: Barbee-Garrett, Alexandra, Thornton, Kathryn, Daley, Thomas E., Schroeder, Zachary H., Michaels, Matthew, Cristei, Ioana
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Sprache:eng
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Zusammenfassung:CWI asserts that the Audit Report and Interview Notes are protected by attorney-client privilege and the attorney work product doctrine, so it is not compelled to produce them for the debarment proceedings. [...]FAID asks the Court to compel disclosure of CWI's Audit Report and Interview Notes to further confirm the debarment was proper. [...]the government has the ability to obtain the information contained in the Audit Report on its own by conducting its own investigation into CWI's accounting practices. [...]the Audit Report is protected by the work product doctrine. b. The Interview Notes Are Protected by the Work Product Doctrine Because They Constitute Opinion Work Product Created by an Attorney in Anticipation of Litigation The Interview Notes were created by Sharp, an attorney, during her investigation. See id. at 20. [...]the Interview Notes are protected by the work product doctrine.
ISSN:0033-3441
2162-8181