Intellectual Property Case Tracker

Discovery Mandamus: In re FirstEnergy Corp.

The Sixth Circuit granted a rare writ of mandamus regarding a discovery dispute, emphasizing the protections of attorney-client privilege during complex corporate litigation.

McBrayer Commentary: For IP litigation involving trade secrets or internal software audits, this ruling reinforces that the "shield" of privilege is still robust in our circuit. It prevents "fishing expeditions" by competitors during the discovery phase.

In re FirstEnergy Corp., 154 F.4th 431 (6th Cir. 2025)