Court Orders Opening of Pandora's Box
Client Alert | 1 min read | 03.12.14
In U.S. ex rel. Barko v. Halliburton Co. (D.D.C. Mar. 6, 2014), the court ordered the defendants in a qui tam FCA case to produce internal reports and other documents that were prepared during the course of internal investigations initiated in response to "tips" regarding potential misconduct, even when the tips were made directly to the defendants' Law Department, the reports were transmitted to the Law Department, and the investigations were initiated and managed by senior in-house attorneys. The court concluded that the materials were not protected by the attorney-client privilege because the investigations were "undertaken pursuant to regulatory law and corporate policy"— i.e., the contract clause required by the FAR Mandatory Disclosure rules, which set forth requirements for a contractor's code of business ethics and conduct, compliance program, and internal controls system—"rather than for the purpose of obtaining legal advice," and that they were not protected by the work product doctrine because they were not prepared in anticipation of litigation.
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Client Alert | 7 min read | 05.27.26
Colorado Hits Reset on AI Regulation: SB 26-189 Repeals and Reenacts the Colorado AI Act
Colorado’s original AI Act (SB 24-205), signed in May 2024, imposed broad obligations on developers and deployers of “high-risk AI systems” — including requiring risk management programs, impact assessments, and affirmative steps to prevent algorithmic discrimination across employment, housing, lending, insurance, health care, and education decisions. The operative date for SB 24-205 was extended twice, and a court temporarily suspended enforcement in early 2026, following a lawsuit filed by xAI, which the U.S. Department of Justice (DOJ) intervened to support. Industry feedback on SB 24-205 was generally negative. In response to this environment, Colorado’s legislature undertook a rewrite, drafting and passing SB 26-189 in a matter of weeks. SB 26-189 reflects the legislature’s effort to preserve the policy goal of filling the AI oversight vacuum given the lack of a comprehensive federal law, but within a more workable compliance framework.
Client Alert | 3 min read | 05.27.26
Don’t Get Left in the Doghouse: The Federal Circuit’s Global K9 Case and the Duty to Intervene
Client Alert | 3 min read | 05.26.26
Client Alert | 5 min read | 05.26.26

