KBR Internal Investigation Is Covered by Attorney-Client Privilege, D.C. Circuit Court Agrees


ACC Position: 

The attorney-client privilege covered the internal investigation because it was conducted for the purpose of obtaining legal advice; the fact that the investigation was undertaken as part of a mandatory regulatory and corporate compliance program, rather than for the sole purpose of obtaining legal advice, is irrelevant, where a significant purpose of the investigation is to obtain or provide legal advice.

Please click here to view Amicus Brief.

Background:

The lower court held that an internal investigation by KBR into alleged government contract fraud was not covered by attorney-client privilege, and ACC joined an amicus brief seeking reversal of that decision.

Outcome:

The D.C. Circuit reversed the lower court, holding that communications between corporate counsel and corporate employees are protected so long as a significant purpose of the communications was to obtain or provide legal advice.

Please click here to view decision.