Can internal investigation documents be privy to external review—even when they’re done to satisfy regulatory requirements? That’s a question the Federal District Court for the District of Columbia recently grappled with, according to Kelly Schulz and Cori Turner of Husch Blackwell.
In the case of United States ex rel. Barko v. Halliburton Company, an engineering company was ordered to produce documents related to internal investigations it had withheld due to privilege, explain the authors. The court ruled that the documents, which related to possible violations of the company’s code of conduct, “were ordinary business records created to satisfy regulatory requirements and were not created for purposes of obtaining or receiving legal advice.”
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