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 | 2 min read | 03.23.26
On March 13, a Massachusetts federal district court temporarily blocked the Trump Administration from requiring higher education institutions to respond to the Admissions and Consumer Transparency Supplement (“ACTS”) survey — a new data collection effort mandating that institutions disclose detailed admissions information regarding students’ race and sex to the federal government. In Commonwealth of Massachusetts v. Department of Education, 1:26-cv-11229 (D. Mass.), the court extended the deadline for institutions to respond to the survey from March 18th to March 25th to allow time to consider the case.
Client Alert | 7 min read | 03.23.26
Client Alert | 4 min read | 03.23.26
US Section 301 Investigations: The UK Is in the Crosshairs on Forced Labour — Act Now
Client Alert | 5 min read | 03.22.26
EU Pharma Package: Regulatory Data Protection Compromise Proposal

