It is clear that, pursuant to Herzing’s policy, the investigation would have been conducted regardless of whether litigation ensued. As a result, the investigation was conducted in the ordinary course of business.  Accordingly, the work-product privilege does not apply to Baiocchi’s notes. Ambrose-Frazier v. Herzing Inc, No. 15-1324, 2016 WL 890406 at *4 (E.D. La. March 9, 2016).

Ambrose-Frazier v. Herzing Inc, No. 15-1324, 2016 WL 890406 (E.D. La. March 9, 2016) (Morgan, J.)