• Are Confidential Pre-Suit Investigations Actually Confidential? Understanding the Unsettled Privilege of Self-critical Analysis
  • April 27, 2017 | Author: Kathleen Ingram Carrington
  • Law Firm: Butler Snow LLP - Ridgeland Office
  • In the realm of product design and manufacture, the idea of a product is conceptualized, developed, and ultimately transformed into a final, tangible product for user consumption. But what if a company wants to re-conceptualize and re-develop its product into a newer, better final product - Product 2.0? While improvement should be celebrated, companies are often severely scrutinized for improvement efforts in the legal realm, particularly when Product 2.0 is created because Product 1.0 may have caused an injury. In most states, although evidentiary rules protect improvement efforts from disclosure at trial, the confidentiality that companies expect to attach to improvement efforts for discovery purposes oftentimes does not. But shouldn’t companies be afforded that protection? Enter: the self-critical analysis privilege.