Kevin Kenworthy comments on the decision by the Supreme Court not to review the First Circuit's decision in Textron Inc. v. U.S. "On one level, it is not all that surprising that the Court declined to grant cert given the limited number of cases it agrees to hear," said Kenworthy, "But it is disappointing," Kenworthy added, "because the Court's action leaves unresolved important questions about the scope of the work product privilege. For example, we do not know how the novel standard adopted by the First Circuit in Textron can be reconciled, if indeed it can be, with the standards that are applied in other circuits across the country. A decision by the Supreme Court in Textron would have given the lower courts useful guidance on an issue that arises not just in the specialized context of taxes, but in a range of contexts affecting the business community."