Corporate legal departments are breathing a sigh of relief after a federal appeals court effectively preserved attorney-client privilege protections. The closely watched case is an important one for all companies that conduct internal investigations.
In the case In re Kellogg Brown & Root, the U.S. Court of Appeals for the District of Columbia last month tossed out a district court ruling requiring that a company’s confidential internal investigation documents be produced. In an amicus brief criticizing the district court’s ruling, the U.S. Chamber of Commerce, Association of Corporate Counsel, the National Association of Manufacturers, and other trade associations argued that, if upheld, the decision would “erode the attorney-client privilege and negatively affect how member companies conduct corporate internal compliance programs.”
