Firm Memoranda

D.C. Circuit Reaffirms the Protections of Upjohn in the Context of Corporate Internal Investigations

Date: 07/03/14

On June 27, 2014, the United States Court of Appeals for the District of Columbia Circuit, on mandamus, held in In re Kellogg Brown & Root, Inc. that the district court too narrowly circumscribed the protections afforded to a corporation by the attorney-client privilege, as articulated in Upjohn Co. v. United States. In doing so, the court provided clarity and comfort to companies following the district court’s controversial decision, which, as noted by amici to this case, had the potential to “work a sea change in the well-settled rules governing internal corporate investigations."

CGR Memo - D C Circuit Reaffirms the Protections of Upjohn in the Context of Corporate Internal Investigations.pdf (pdf | 133.71 KB )