Legal Seminar, Denver, CO

NCUA’s New Final Rule • NCUA finalizes new round of loosened credit union membership limits (June 21, 2018) • Final rule allows federal credit unions to use a “narrative” to apply for expansion of a community charter rather than relying on statistical benchmarks. • Final rule requires a public hearing when FCUs apply to include a statistical area larger than 2.5 million people in its field of membership • However, NCUA imposed strict limits on who may participate: • only up to six entities may apply in writing within 10 days to oppose the expansion • each will be limited to a 30-minute presentation. • A seventh entity may be permitted to make a presentation, but only at the discretion of NCUA staff.

DC Circuit Clarifies Opinion Work Product Protection • In FTC v. Boehringer Inglehein Pharmaceuticals, Inc. (2018), the DC Circuit held that a party asserting opinion work product bears the burden of showing how disclosure would reveal the attorney’s legal impressions and thought processes. • The court clarified that general or routine document requests reveal nothing about an attorney’s mental impressions, and therefore do not qualify for opinion work product protection. • Where it appears that the attorney's opinion is obvious or non-legal, the party claiming the privilege must show specifically how the disclosure would reveal the attorney's legal impressions and thought processes. • Because the district court failed to demand such a showing, the DC Circuit remanded the case to the district court for further consideration.