Home > Legal Library > Abstract




Join Matindale-Hubbell Connected


Appeals Court Confirms that Results of Internal Investigation are Privileged



by Joshua A. Goldberg
Patterson Belknap Webb & Tyler LLP - New York Office

Erik Haas
Patterson Belknap Webb & Tyler LLP - New York Office

Deirdre A. McEvoy
Patterson Belknap Webb & Tyler LLP - New York Office

Daniel S. Ruzumna
Patterson Belknap Webb & Tyler LLP - New York Office

Harry Sandick
Patterson Belknap Webb & Tyler LLP - New York Office

July 17, 2014

Previously published on July 2014

On June 27, 2014, the United States Court of Appeals for the District of Columbia Circuit issued a decision in In re: Kellogg Brown & Root, Inc., an important ruling which confirms the application of the attorney-client privilege to corporations within the business setting as set forth by the Supreme Court over thirty years ago in Upjohn Co. v. United States. In Kellogg Brown & Root, the D.C. Circuit vacated a district court’s decision that denied the protection of the attorney-client privilege to documents created during the course of an internal investigation by the company’s in-house lawyers. Recognizing that the district court’s decision had generated substantial uncertainty about the scope of the attorney-client privilege in the business setting, the Court held that the attorney-client privilege applied to documents generated during an internal investigation provided that obtaining legal advice was one of the significant purposes of the internal investigation.


 

The views expressed in this document are solely the views of the author and not Martindale-Hubbell. This document is intended for informational purposes only and is not legal advice or a substitute for consultation with a licensed legal professional in a particular case or circumstance.
 

View More Library Documents By...

 
Author
 
Joshua A. Goldberg
Erik Haas
Deirdre A. McEvoy
Daniel S. Ruzumna
Harry Sandick
 
Patterson Belknap Webb & Tyler LLP Overview