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The D.C. Circuit Gets It Right in Deloitte
In United States v. Textron Inc, 577 F.3d 21 (1st Cir. 2009), cert. denied, 2010 WL 2025148 (May 24, 2010), the First Circuit held that Textron's tax accrual workpapers—specifically, spreadsheets listing uncertain tax positions, percentage estimates of the hazards of litigation, and tax reserve amounts—were not work product and therefore were not privileged.
Faegre & Benson LLP
