On November 8, the Supreme Court granted certiorari in Grolier, Inc. v. Federal Trade Commission, 671 F.2d 53 (D.C. Cir. 1982), in which the U.S. Court of Appeals for the D.C. Circuit limited the attorney work-product privilege under Exemption 5 to situations in which litigation related to that for which the record was prepared is pending or could potentially exist. (See FOIA Update, June 1982.)
The D.C. Circuit denied rehearing en banc by a five to four margin, with two judges not participating.
The Supreme Court is expected to hear oral argument in Grolier by late April and to decide the case before the end of its current Term.
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