NRA v. Ackerman, Virginia

Ackerman’s Motion to Compel Documents from Forensic Risk Alliance

October 1, 2019

Filing Summary

This brief kicks off a series of filings about documents Ackerman seeks from an audit firm, Forensic Risk Alliance (“FRA”), that the NRA had hired.  During the course of the litigation, Ackerman alleges FRA has refused to produce documents pursuant to the subpoena and claimed an expansive view of attorney work product.  The crux of Ackerman’s arguments is that the NRA’s own complaint alleged that Ackerman failed to turn over documents to FRA during the course of an audit and that such an allegation waives “any privilege by placing FRA’s examination directly at issue in the lawsuit.” (p.4)

Key Points

  • While the brief itself does not contain new factual revelations, some of the Exhibits to the brief may be of interest.  For instance, Exhibit 2 contains correspondence between FRA and Ackerman, from February 2019, that appears to show a collaborative relationship between the parties (it includes 12 questions to Ackerman).  Exhibit 4 is Ackerman’s subpoena to FRA.