News & Analysis as of

Privilege Waivers KBR (formerly Kellogg Brown & Root)

Perkins Coie

Protecting Internal Investigation Materials From Disclosure

Perkins Coie on

In United States ex rel. Wollman v. Massachusetts Gen. Hosp., Inc., No. CV 15-11890-ADB, 2020 WL 4352915 (D. Mass. July 29, 2020), yet another district court agreed with the U.S. Court of Appeals for the District of Columbia...more

Miles & Stockbridge P.C.

An Inside Job: Highlights From November’s ACC Presentation

Miles & Stockbridge P.C. on

On November 8, 2017, Suzzanne W. Decker, a Principal in the Miles & Stockbridge Labor, Employment, Benefits & Immigration practice group, and Sandra McLelland, Managing Counsel at Under Armour, presented a webinar to members...more

PilieroMazza PLLC

Preserving the Attorney-Client Privilege when Conducting an Internal Investigation

PilieroMazza PLLC on

You may recall that, back in July 2014, we advised that the D.C. Circuit Court of Appeals had overturned a D.C. District Court decision in a False Claims Act case that required the results of an internal investigation, which...more

Morrison & Foerster LLP

KBR And Maintaining Privilege Throughout Investigations

Last month, for the second time, the D.C. Circuit in In re Kellogg Brown & Root Inc., No. 14-5319, slip op. (D.C. Cir. Aug. 11, 2015), granted a writ of mandamus sought by KBR and vacated a series of district court orders...more

McDermott Will & Emery

D.C. Circuit Declines to Eviscerate Attorney-Client Privilege in Internal Investigations

McDermott Will & Emery on

On Tuesday, August 11, 2015, in United States ex rel. Barko v. Haliburton et al., the U.S. Court of Appeals for the D.C. Circuit issued an opinion vacating a series of rulings by the United States District Court for the...more

Faegre Drinker Biddle & Reath LLP

Appeals Court Decision Protects Attorney-Client Privilege in Internal Investigation

In In re Kellogg Brown & Root, Inc., et al., No. 14-5319 (D.C. Cir. August 11, 2015), the Court reversed a district court’s ruling that KBR waived these protections by using materials created in the course of a privileged...more

Snell & Wilmer

D.C. Circuit Weighs In Once Again in KBR Privilege Fight

Snell & Wilmer on

In the ongoing saga which has been the subject of a previous post on this blog, a three-judge panel of the D.C. Circuit Court of Appeals has once again found that the district court erred in ordering the production of the...more

Sheppard Mullin Richter & Hampton LLP

Implied Waiver of Privilege in Internal Investigations: Barko Court Compels Production of Internal Investigation Documents, Again

On November 20, 2014, the District Court for the District of Columbia once again ordered Kellogg, Brown and Root (“KBR”) to produce all documents prepared as part of an internal investigation.  The District Court’s decision...more

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