40 Cited authorities

Upjohn Co. v. United States
449 U.S. 383 (1981) Cited 4,229 times 130 Legal Analyses
Holding that communications between corporate counsel and a corporation's employees made for the purpose of rendering legal advice are protected by the attorney-client privilege
Hickman v. Taylor
329 U.S. 495 (1947) Cited 6,510 times 31 Legal Analyses
Holding in the context of the work product privilege that the adversary system requires a party's attorney be permitted to “assemble information, sift what he considers to be the relevant from the irrelevant facts, prepare his legal theories and plan his strategy without undue and needless interference”
U.S. v. Adlman
134 F.3d 1194 (2d Cir. 1998) Cited 633 times 10 Legal Analyses
Holding that documents are protected when "the document can fairly be said to have been prepared or obtained because of the prospect of litigation"
Borden v. Secretary of Health and Human Services
836 F.2d 4 (1st Cir. 1987) Cited 546 times
Holding that issues raised for the first time in objections to magistrate's recommendation were waived
In re Sealed Case
676 F.2d 793 (D.C. Cir. 1982) Cited 429 times
Finding waiver where a party offered “express assurances” that it had turned over all documents, when it had not actually done so
United States v. Deloitte LLP
610 F.3d 129 (D.C. Cir. 2010) Cited 181 times 10 Legal Analyses
Holding that there was no waiver if disclosed to auditor
United States v. Am. Tel. & Tel. Co.
642 F.2d 1285 (D.C. Cir. 1980) Cited 400 times 1 Legal Analyses
Holding that an appeal should be permitted because the nonparty appellant "was not the object of the document demand and could therefore not possibly refuse disclosure and undergo a contempt citation as a means to appeal"
Nidec Corporation v. Victor Co. of Japan
249 F.R.D. 575 (N.D. Cal. 2007) Cited 134 times 3 Legal Analyses
Granting motion to quash subpoena served on third party, explaining that "[t]here is simply no reason to burden nonparties when the documents sought are in possession of the party defendant"
American Society for the Prevention of Cruelty to Animals v. Feld Entertainment, Inc.
659 F.3d 13 (D.C. Cir. 2011) Cited 118 times
Finding that plaintiff's desired enforcement of a statutory provision would not result in disclosure of information, "even under [plaintiff's] view" of that provision
Solis v. Food Emp. Labor Relations Ass'n
644 F.3d 221 (4th Cir. 2011) Cited 91 times 6 Legal Analyses
Rejecting argument that good cause must be shown in order "to overcome a privilege"
Section 636 - Jurisdiction, powers, and temporary assignment
28 U.S.C. § 636 Cited 504,232 times 39 Legal Analyses
Holding that when a party fails to object to a magistrate judge's report and recommendation, our review of the district court's resulting decision is for plain error so long as the party "has been served with notice that [this consequence] will result from a failure to object"
Rule 72 - Magistrate Judges: Pretrial Order
Fed. R. Civ. P. 72 Cited 168,170 times 20 Legal Analyses
Granting a party fourteen days to object to a Magistrate Judge's non-dispositive order
Rule 26 - Duty to Disclose; General Provisions Governing Discovery
Fed. R. Civ. P. 26 Cited 95,908 times 660 Legal Analyses
Adopting Fed.R.Civ.P. 37
Rule 9 - Pleading Special Matters
Fed. R. Civ. P. 9 Cited 39,098 times 320 Legal Analyses
Requiring that fraud be pleaded with particularity
Rule 45 - Subpoena
Fed. R. Civ. P. 45 Cited 16,724 times 105 Legal Analyses
Holding that a subpoena may command a person to attend a trial, hearing, or deposition "within 100 miles of where the person resides, is employed, or regularly transacts business in person"
Rule 401 - Test for Relevant Evidence
Fed. R. Evid. 401 Cited 13,502 times 35 Legal Analyses
Providing that evidence is relevant if " it has any tendency to make a fact more or less probable than it would be without the evidence; and (b) the fact is of consequence in determining the action"
Section 3729 - False claims
31 U.S.C. § 3729 Cited 6,768 times 630 Legal Analyses
Holding liable "any person" who knowingly causes false claims to be presented
Section 3730 - Civil actions for false claims
31 U.S.C. § 3730 Cited 5,403 times 430 Legal Analyses
Granting the government primary responsibility for conducting suit

THORPE et al v. CROSS et al

40 Cited authorities

Holding that communications between corporate counsel and a corporation's employees made for the purpose of rendering legal advice are protected by the attorney-client privilege

Holding that documents are protected when "the document can fairly be said to have been prepared or obtained because of the prospect of litigation"

Holding that issues raised for the first time in objections to magistrate's recommendation were waived

Finding waiver where a party offered “express assurances” that it had turned over all documents, when it had not actually done so

Holding that there was no waiver if disclosed to auditor

Holding that an appeal should be permitted because the nonparty appellant "was not the object of the document demand and could therefore not possibly refuse disclosure and undergo a contempt citation as a means to appeal"

Granting motion to quash subpoena served on third party, explaining that "[t]here is simply no reason to burden nonparties when the documents sought are in possession of the party defendant"

Finding that plaintiff's desired enforcement of a statutory provision would not result in disclosure of information, "even under [plaintiff's] view" of that provision

Rejecting argument that good cause must be shown in order "to overcome a privilege"

Holding that when a party fails to object to a magistrate judge's report and recommendation, our review of the district court's resulting decision is for plain error so long as the party "has been served with notice that [this consequence] will result from a failure to object"

Granting a party fourteen days to object to a Magistrate Judge's non-dispositive order

Adopting Fed.R.Civ.P. 37

Requiring that fraud be pleaded with particularity

Holding that a subpoena may command a person to attend a trial, hearing, or deposition "within 100 miles of where the person resides, is employed, or regularly transacts business in person"

Providing that evidence is relevant if " it has any tendency to make a fact more or less probable than it would be without the evidence; and (b) the fact is of consequence in determining the action"

Holding liable "any person" who knowingly causes false claims to be presented

Granting the government primary responsibility for conducting suit