FILING UPDATE: DC Circuit Court Affirms Privilege Ruling on Documents With Both Legal and Non-Legal Purposes


ACC Position: 

On June 19, 2018, in FTC v. Boehringer Ingelheim Pharmaceuticals, Inc., the U.S. Court of Appeals for the D.C. Circuit affirmed the judgment of the DC District Court that documents prepared by Boehringer employees, that were requested by their general counsel and that had both legal and business purposes, were protected by attorney-client privilege because “one of the significant purposes of these communications was to obtain or provide legal advice.”

In June 2017, ACC joined the US Chamber of Commerce in an amicus brief arguing against a theory of attorney-client privilege advanced by the FTC that would have undermined the ability of in-house attorneys to freely communicate legal advice to their corporate clients.

See the brief here.