With limited exceptions, what gets written down in a business has to be produced in litigation. Example: GM’s ignition switch litigation.
“GM Ordered to Open Files on Defect Response,” Wall Street Journal, September 20-21, 2014 B3. GM required to turn over documents of its investigation, while bankruptcy proceeding continues apace. The pending bankruptcy filed in July 2009 doesn’t protect the documents that may relate in part going back to 2005, even though some accidents prior to July 2009 may be beyond scope of current litigation.
Lesson: don’t rely on attorney-client privilege or work product to protect documents from disclosure. Write them with that in mind.