Applicability of Privilege to Internal Investigations Upheld, Again
Client Alert | 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 | 01.14.26
PFAS Reporting Gets Real in 2026
State regulation of PFAS-containing products will ramp up significantly in 2026. Most notably, companies will have to comply with Minnesota’s sweeping new product-reporting requirements. As we explain below, Minnesota’s requirements cast a wide net, capturing companies that may not sell products directly into the state. This and other features of the state’s reporting program are likely to present significant compliance challenges for a wide range of businesses.
Client Alert | 3 min read | 01.13.26
Client Alert | 7 min read | 01.13.26
Client Alert | 4 min read | 01.13.26
