New Jersey Judge Upholds Work-Product Doctrine in SEC Fraud Investigation

In a recent decision, a New Jersey federal magistrate judge ruled against a credit reporting agency’s request to depose four attorneys from the U.S. Securities and Exchange Commission (SEC) and to compel the disclosure of their witness interview notes. This decision came amidst a civil enforcement action concerning an alleged $73 million fraud. The judge determined that the information the credit agency sought is safeguarded under the work-product doctrine. This doctrine serves to protect materials prepared by attorneys in anticipation of litigation from being disclosed to opposing parties. For further details on the case, see Law360.