Civil Procedure & Litigation Flashcards

A cleared contractor receives a civil subpoena demanding documents that include classified material. What should the FSO do first?

Answer: Notify company counsel and the CSA/GCA before releasing anything

Classified information cannot be released in litigation without government authorization, so counsel and the CSA must be involved first.

What is the main purpose of a litigation hold?

Answer: To preserve potentially relevant records by suspending routine destruction

A litigation hold requires preservation of potentially relevant documents once litigation is reasonably anticipated.

Who may properly assert the state secrets privilege in a civil case?

Answer: The federal government, through a formal claim by the responsible agency head

Under United States v. Reynolds, the government asserts the privilege through a formal claim by the head of the department.

Touhy regulations primarily govern which situation?

Answer: Federal employee testimony or document production in litigation where the US is not a party

Touhy regulations let agencies control employee testimony and records requested in proceedings involving others.

What does a protective order do in civil discovery?

Answer: Limits use and disclosure of sensitive material exchanged in discovery

Protective orders restrict who may see confidential discovery material and how it is used.

Which communication is generally covered by attorney-client privilege?

Answer: A confidential exchange with counsel to obtain legal advice

The privilege covers confidential communications made for the purpose of seeking or giving legal advice.

Destroying evidence after litigation is reasonably anticipated is called what?

Answer: Spoliation

Spoliation can lead to sanctions such as adverse-inference instructions or default judgment.