Product liability and mass torts partners Jessica Brennan and Michael Zogby and associate Tiffany Riffer coauthored an article for In-House Defense Quarterly titled, “From Bredice to the Laboratory or the Boardroom: Careful Consideration for Applying the Self-Critical Analysis Privilege in the Review of Internal Process Improvement.”
The self-critical analysis or self-critical evaluation privilege was designed to protect disclosure of self-evaluation undertaken by entities whose activities affect the public interest. The article discusses the evolution of the privilege and how it’s been invoked in a variety of subject matters and at the federal and state levels.
The authors highlight real-life application for trial attorneys and tips for counsel to consider when evaluating whether the self-critical analysis privilege will protect self-evaluative documents from disclosure in pending litigation.
