Issues of attorney-client privilege pervade a general counsel’s life. Let’s look at some new cases—some with good news and some with not so good news.
One serious concern was lifted from the GC worry pile with a June 27, 2014 decision by the District of Columbia Court of Appeals. The case is In re Kellog Brown & Root, in which the appeals court granted KBR’s writ of mandamus, directing the district court to vacate its order that KBR produce an internal investigation conducted by its in-house legal department. The opinion sets out the facts: An employee sued the company alleging a violation of the False Claims Act; the legal department conducted an investigation pursuant to its internal policies and Department of Defense regulations; the court ordered its production. The writ followed.
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