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On January 17, 2012, the Supreme Court heard oral argument in Filarsky v. Delia. The question in this case is whether a lawyer retained to assist government employees with an internal affairs investigation may, in a subsequent lawsuit against the lawyer arising out of the lawyer’s conduct during the investigation, assert the “qualified immunity” defense available to government employees in such circumstances.

To discuss the case, we have Scott Martin, who is an associate in the DC office of Gibson, Dunn, and Crutcher.

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