Applicability of Privilege to Internal Investigations Upheld, Again
Client Alert | less than 1 min read | 08.12.15
In a decision preserving the strength of the attorney-client privilege, the D.C. Circuit in U.S. ex rel. Barko v. Halliburton once again vacated an order from the district court requiring KBR to produce attorney-client privileged documents created during an internal investigation. Specifically, the D.C. Circuit granted mandamus based on the "clear and indisputable error" in the findings that (1) KBR had waived the privilege under Rule 612 by allowing a non-lawyer, Rule 30(b)(6) witness to review the investigation report during deposition preparation; and (2) KBR had put the investigation report into issue by mentioning the company's "investigative mechanism" in a motion for summary judgment.
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Client Alert | 4 min read | 04.09.26
DOJ Establishes National Fraud Enforcement Division
On April 7, 2026, Acting Attorney General Todd Blanche issued a memorandum establishing the National Fraud Enforcement Division (NFED) within the U.S. Department of Justice (DOJ). This new division will be dedicated to the centralized, coordinated investigation and prosecution of fraud against taxpayer dollars and taxpayer-funded programs. AAG Blanche acknowledged that, while DOJ has a “storied history of combatting fraud,” DOJ has “never adopted a comprehensive and coordinated approach to investigating and prosecuting fraud against taxpayer dollars and tax-payer funded programs.” The NFED was created to close that gap with its core mission being to “zealously investigate and prosecute those who steal or fraudulently misuse taxpayer dollars.”
Client Alert | 2 min read | 04.09.26
OMB Issues New Policy on Federal IT Transparency and Acquisition Oversight
Client Alert | 3 min read | 04.09.26
Preserve It or Lose It: A Missing Jury Instruction Costs Columbia University $94M in Damages
Client Alert | 5 min read | 04.09.26
U.S. State Privacy Enforcement: Key Priorities and Practical Guidance From State Regulators
