United States v. Monroe Adlman, as Officer and Representative of Sequa Corporation

LEVAL, Circuit Judge:

This appeal concerns the proper interpretation of Federal Rule of Civil Procedure 26(b)(3) (“the Rule”), which grants limited protection against discovery to doeu-*1195ments and materials prepared “in anticipation of litigation.”1 Specifically, we must address whether a study prepared for an attorney assessing the likely result of an expected litigation is ineligible for protection under the Rule if the primary or ultimate purpose of making the study was to assess the desirability of a business transaction, which, if undertaken, would give rise to the litigation. We hold that…