The Self-Critical Analysis Privilege: Not A Sure Thing

By Jane Warring (June 13, 2017, 12:04 PM EDT) -- With the recent Galaxy Note and Prius recalls in the headlines, we can be sure that legal claims are forthcoming. As Samsung and Toyota learned of the issues, they almost certainly tested their products and evaluated their procedures to assess the scope and cause of these issues, as well as what they could have done to avoid them. Will these self-evaluative materials be discoverable in future litigation?

The self-critical analysis privilege, also called the self-evaluation privilege or the self-evaluative privilege, may be available to these companies seeking to protect records reflecting confidential internal investigations and self-evaluative analyses.[1] The availability of this...

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