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3. Does your state recognize a self-critical analysis privilege?Yes, in some instances. “A court or administrative hearing office with jurisdiction mayrequire disclosure of confidential self-evaluation and analysis contained in an auditreport in a civil or administrative proceeding” if the court or administrative hearing officedetermines that disclosure is warranted after consideration of certain factors. (AlaskaCode of Civil Procedure, § 09.25.465.)Of note, the Ninth Circuit, in Dowling v. American Hawaii Cruises, Inc., 971 F.2d 423,426 (1992) held that “no privilege of ‘self-critical analysis’ protects routine internalcorporate review of matters related to safety concerns.”

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