In the second quarter of 2014, the Fifth Circuit said how to . . .
1. . . . enforce an Agreed Protective Order. Two judges, finding “written notice” ambiguous, found that Ford did not waive confidentiality designations by having a lengthy email exchange rather than moving for protection. The dissent would construe the ambiguity against Ford and faults the majority for encouraging “vague, non-responsive answers.” Moore v. Ford Motor Co., ___ F.3d ___ (June 20, 2014).
2. . . . . remove based on federal question jurisdiction. A petition raised a sufficient federal question for removal when it incorporated this allegation from an EEOC complaint: “I have been and continue to be discriminated against, in violation of Title VII of the 1964 Civil Rights Act, as amended, [and] the Texas Commission on Human Rights Act, as amended, because of my national origin (Iranian).” Davoodi v. Austin ISD, ___ F.3d ___ (June 16, 2014).
3. . . . protect in-house counsel’s attorney-client privilege. Addressing the common question of “business or legal advice?” the court found a memo privileged because it “deal[t] with any legal liability that may stem from under-disclosure of data, hedged against any liability that may occur from any implied warranties during complex negotiations.” Exxon Mobil Corp. v. Hill, 751 F.3d 379 (2014).