In Re: Kellogg Brown & Root, Inc.
Court of Appeals for the D.C. Circuit
1Opinion of the Court
Opinion for the Court filed by Circuit Judge KAVANAUGH.
KAVANAUGH, Circuit Judge:
More than three decades ago, the Supreme Court held that the attorney-client privilege protects confidential employee communications made during a business’s internal investigation led by company lawyers. See Upjohn Co. v. United States, 449 U.S. 383, 101 S.Ct. 677, 66 L.Ed.2d 584 (1981). In this case, the District Court denied the protection of the privilege to a company that had conducted just such an internal investigation. The District Court’s decision has generated substantial uncertainty about the scope of…
2Cases cited29 opinions
- Hickman v. TaylorSupreme Court of the United States · 1947
- Liteky v. United StatesSupreme Court of the United States · 1994
- Upjohn Co. v. United StatesSupreme Court of the United States · 1981
- Kerr v. United States Dist. Court for Northern Dist. of Cal.Supreme Court of the United States · 1976
- Fisher v. United StatesSupreme Court of the United States · 1976
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3Cited by122 opinions
- United States v. Fokker Services B.V.Court of Appeals for the D.C. Circuit · 2016
- Competitive Enterprise Institute v. United States Environmental Protection AgencyDistrict Court, District of Columbia · 2017
- In re Al-NashiriCourt of Appeals for the D.C. Circuit · 2016
- Wultz v. Bank of China Ltd.District Court, S.D. New York · 2015
- In Re Grand JuryCourt of Appeals for the Ninth Circuit · 2021
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