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D.C. Circuit Protects Disclosure of Internal Investigation Materials

Prepared for the Katten Safety Advisory Group
Advisory | August 13, 2015

Recent decisions have muddied the waters of the attorney-client privilege in the context of performing internal incident investigations. (See KSAG Alert 2015-11). However, the United States Court of Appeals for the District of Columbia has made a significant step toward protecting this privilege. Refusing to increase the uncertainty of when the privilege applies, a three-judge panel determined that KBR had not implicitly waived the attorney-client privilege covering KBR's investigation into allegations of fraud and illegal kickbacks, despite arguments that KBR had relied on the contents and results of an internal investigation to bolster its defenses in the subsequent litigation surrounding those same claims...

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