This section contains the nature of the case and procedural background.

In the course of preparing witnesses for depositions Julian (P) assembled a binder which was reviewed by current principals, officers, and employees of P who were being deposed by Raytheon (D). The binder contained documents that for the most part were already produced in discovery and D argued that P should be ordered to turn them over as they were not attorney work product. The court ruled first ruled that the documents in the binder were distilled from discovery and that such a process protects them under the work product privilege as the process and selection and distillation of such extensive discovery is more critical than pure legal research, and the revelation of the contents of the binder would give D insight into P's thought processes with respect to the litigation. The second issue was then addressed whether the work product privilege was waived.

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