Boehringer Ingelheim Pharmaceuticals v. Federal Trade Commission

(1) Whether the D.C. Circuit erred when it held, in conflict with the Second Circuit, that analyses of a proposed settlement"s expected cost and value, directed by an attorney and under the framework and using the inputs provided by the attorney, were fact rather than opinion work product if they were prepared in part for a business purpose; and (2) whether the D.C. Circuit erred when it held, in conflict with the Fourth, Sixth, Seventh, Tenth, and Eleventh Circuits, that to make a showing of "substantial need" sufficient to override work product protection for fact work product, a party need not show that the requested material has any heightened relevance to the case.