Circuit Court Upholds Privilege For Internal Investigation Documents

On August 11, 2015, the United States Court of Appeals for the District of Columbia in In Re Kellogg Brown & Root, Inc. ²⁵ granted a writ of mandamus and vacated two district court orders that directed the production of key documents related to an internal  investigation conducted by petition, Kellogg Brown & Root ("KBR"), a defense contractor.  This was the second time that the D.C. Circuit Court of Appeals granted petitioner a writ of mandamus regarding the application of the attorney-client privilege and work product  protection to petitioner's internal investigation documents.²⁶ After vacating the earlier district court order, the case was remanded to the district court to consider "timely asserted other arguments for why these documents are not covered by either the  attorney-client privilege or the work-product protection.²⁷"