D.C. Circuit Protects Scope of Privilege in Internal Investigations

By | Subject to Inquiry | July 16, 2014
D.C. Circuit Protects Scope of Privilege in Internal Investigations

On June 27, in In re Kellogg Brown & Root, Inc.,1 the United States Court of Appeals for the D.C. Circuit quickly allayed the fears of government contractors and other businesses concerned by U.S. District Judge James S. Gwin’s March 6, 2014, decision2 that created a “but for” threshold test to determine whether the attorney-client privilege applied to documents developed during an internal investigation.