Corporate Litigation: Attorney-Client Privilege in Internal Investigations
In his column on Corporate Litigation published in the New York Law Journal, Joseph M. McLaughlin writes about a ruling by the U.S. Court of Appeals for the D.C. Circuit in In re Kellogg Brown & Root that protects communications and materials created during a company’s confidential internal investigation under the attorney-client privilege where “one of the significant purposes” of the investigation is to obtain or provide legal advice. The decision will likely be the leading decision applying the touchstone principles of corporate attorney-client privilege set forth in the U.S. Supreme Court’s Upjohn Co. v. U.S.
Yafit Cohn, an associate at the Firm, assisted in the preparation of this article.