The decision In Re Nimitz Technologies LLC resulted from a mandamus petition filed by a plaintiff who was ordered to disclose any TPLF arrangements pursuant to the standing order issued by Chief Judge Colm Connolly of the US District Court for the District of Delaware. Petitioner argued that the issuance of the order was an abuse of discretion and sought to vacate the specific order in the case and the judge’s standing order requiring TPLF disclosure in all of his cases

In Re Grand Jury raises the question of how to determine if dual-purpose communications are protected by the attorney-client privilege. LCJ argues that the DC Circuit’s significant legal purpose test for determining if the communication is protected is consistent with the purposes of the Federal Rules and the privilege itself. Adopting this test will: (1) establish uniformity as to privilege standards; (2) promote free and frank exchange of information between attorneys and their clients; and (3) reinforce the fundamental proposition that a protected communication does not lose its protection simply because it appears next to or is intermixed with other information.