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D.C. Circuit grants petition for mandamus and strongly reaffirms attorney-client privilege for internal investigations

The attorney-client privilege has long protected attorney-client communications made during the course of an internal investigation. Upjohn Co. v. United States, 449 U.S. 383 (1983). Of course, the privilege encourages “full...more

D.C. Circuit Court Upholds Attorney-Client Privilege in Internal Investigations

Internal investigations play a lead role in a company’s effective ethics and compliance program. They are one of the best ways for a company to detect, thoroughly understand, and remedy situations that may violate its code...more

Attorney-Client Privilege Protects Against Production of Internal Investigations of Fraud

If you have been worrying about a potential issue related to an audit or False Claims Act (FCA) complaint, but have been nervous to proceed with an internal investigation in case those results should come back damning and...more

Privilege Upheld for Internal Investigation Preceding False Claims Act Litigation

The D.C. Circuit recently issued an important decision upholding the attorney-client privilege to protect corporate internal investigations. In re: Kellogg Brown & Root, No. 14-5055, 2014 BL 180217 (D.C. Cir. June 27, 2014). ...more

D.C. Circuit Court Clarifies Scope of Attorney-Client Privilege in Internal Investigations

On June 27, 2014, the United States Court of Appeals for the District of Columbia Circuit issued an opinion clarifying the application of the attorney-client privilege in internal investigations. ...more

Protections Afforded to Internal Investigation Materials - D.C. Circuit Reaffirms Protections Afforded to Internal Investigation...

At least since the U.S. Supreme Court handed down its seminal 1981 decision in Upjohn Co. v. U.S., 449 U.S. 383 (1981), the conventional wisdom has been that companies can rest assured that materials prepared during internal...more

D.C. Circuit Broadly Applies Attorney-Client Privilege to Internal Investigations

The attorney-client privilege broadly applies to communications made for the purpose of obtaining or providing legal advice. However, what if an internal investigation has multiple purposes, some of which are to provide legal...more

D.C. Circuit Overturns Lower Court Ruling and Reaffirms the Ability of In-House Counsel to Conduct Internal Investigations

In a significant decision issued last week reaffirming the importance of the attorney-client privilege in connection with internal investigations, the U.S. Court of Appeals for the D.C. Circuit reversed a lower court ruling...more

D.C. Circuit Protects Attorney-Client Privilege in Internal Corporate Investigations

The appellate court clarifies that internal corporate investigations are subject to the attorney-client privilege where one of the significant purposes of the investigation is to secure legal advice for the company....more

DC Circuit Rejects Narrow View Of Attorney-Client Privilege In Internal Company Investigations

On June 27, 2014, the D.C. Circuit granted Kellogg Brown & Root’s (“KBR’s”) petition for a writ of mandamus and vacated a federal district court order requiring KBR to produce 89 documents related to an internal...more

Upjohn Upheld: D.C. Circuit Re-Affirms Privilege Protections for Multi-Purpose Internal Investigations

In one of the most important decisions of the year for corporate legal departments, on June 27, the D.C. Circuit held that a company’s internal investigation documents were protected by the attorney-client privilege where...more

DC Circuit Strongly Reaffirms the Applicability of the Attorney-Client Privilege to Internal Compliance Investigations

Especially in the District of Columbia Circuit, the home base for many fraud cases in which the government is opposed to health care providers and defense contractors, there had been considerable doubt that the...more

Common Sense Prevails as D.C. Circuit Applies Upjohn in Vacating District Court Order to Produce Investigation Reports

Government contractors and other companies subject to internal investigation requirements won some relief from the United States Court of Appeals for the D.C. Circuit on June 26 with a decision that firmly reiterated that...more

Recent Supreme Court Decision Reaffirms Tribal Sovereign Immunity for Commercial Activities Conducted Off-Reservation

In 1998, the U.S. Supreme Court confirmed that, absent a waiver or Congressional action to the contrary, the doctrine of tribal sovereign immunity applies to lawsuits arising from a tribe’s commercial activities, even if they...more

Williams Mullen Construction Industry Newsletter - Spring/Summer 2014

In This Issue: - CGL Insurance & Defects - No Sure Thing - Contract Quicksand - The Nuclear Option - Federal Contractors - Excerpt from CGL Insurance & Defects: Does Your Insurance Cover...more

Miami-Dade Keeping up with National P3 Trends

As discussed in our last post about national and local developments in public-private partnership (P3) legislation, Florida is keeping up with the P3 trend and Miami-Dade County is not far behind. Miami-Dade’s Citizens...more

Say What??!! When is There an Enforceable Agreement in the Subcontractor Bidding Process?

A major development and infrastructure project is announced that will provide significant work to a construction manager, general contractor (“GC”), and many subcontractors (“Sub”) across the building trades. The architect...more

Esquenazi Part II – The Test For Determining An Instrumentality Under The FCPA

In Part I of my review of the 11th Circuit Court of Appeals decision in the Esquenazi case, I reviewed the Court of Appeals opinion. Today, in Part II, I want to drill down further and examine the test developed by the Court...more

Business News Digest – May 2014

In this issue: - Equal Pay: Revisiting Federal Contractor Compensation Practices and Policies - Legal Considerations for E-Commerce Businesses - FTC and DOJ Issue Antitrust Policy Statement on Sharing...more

Trade & Manufacturing: News Of Note -- May 2014

House Subcommittee Advances Bill Approving LNG Exports To WTO Members - On April 9, a House subcommittee voted to advance a bill seeking to expedite the licensing of liquefied natural gas (LNG) exports to World Trade...more

Eleventh Circuit Vacates Dismissal of Breach of Contract Claim

The US Court of Appeals for the Eleventh Circuit found that the US District Court for the Southern District of Florida abused its discretion by dismissing an action for forum non conveniens without evaluating the significance...more

New York Court Strikes Down Regulations Limiting Executive Compensation and Administrative Expenses

A New York court has held that the State’s regulatory limits on executive compensation and administrative expenses for entities that receive state funds unconstitutionally exceed proper regulatory authority. The regulations,...more

General Contractor May Be Liable for Subcontractor’s Failure to Assign Work as Required by Project Labor Agreement

In Sheet Metal Workers Int’l Ass’n Local Union No. 27 v. E.P. Donnelly, Inc., the United States Court of Appeals for the Third Circuit (the court supervising federal trial courts in Pennsylvania, Delaware, and New Jersey)...more

The False Conception That FCA Claims Are Not Covered

In 2013, the United States Department of Justice recovered $3.8 billion under the False Claims Act (“FCA”), bringing the total amount secured by the Justice Department since 2009 to $17 billion. Whistleblowers recovered...more

Virginia Federal Court Allows Recoupment by Insurer – Where Guilty Pleas Triggered Coverage Exclusions

In Protection Strategies, Inc. v. Starr Indemnity & Liability Co., Civil Action No. 1:13-cv-00763 (E.D. Va. Apr. 23, 2014), the United States District Court for the Eastern District of Virginia granted Starr Indemnity &...more

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