The case of the day is Republic of Ecuador v. MacKay (9th Cir. 2014). I am not going to write much about this case, because it is essentially the same as Republic of Ecuador v. Bjorkman (10th Cir. 2013) and Republic of Ecuador v. Hinchee (11th Cir. 2013). In all three § 1782 cases, the courts have now held that the 2010 amendments to FRCP 26(b)(3) do not give work product protection to a testifying expert’s materials.