Bloomberg BNA’s Corporate Law & Accountability Report is available on the Corporate Law Resource Center. This news service keeps corporate practitioners informed of legal developments of...
By Michael Greene
Jan. 27 — The U.S. Supreme Court denied a whistle-blower's petition to overturn a ruling that Kellogg Brown & Root was not required to disclose certain documents requested during discovery because of the attorney-client privilege.
The Supreme Court provided a general denial of the writ of certiorari in a Jan. 20 batch order and did not provide any basis for its decision.
Resolving a question about the confidentiality of communications with in-house attorneys, a three judge panel of the U.S. Court of Appeals for the District of Columbia in June determined that under privilege, KBR could withhold 89 documents relating to an internal probe about potential kickbacks in Iraq.
The decision vacated an order by U.S. District Court for the District of Columbia Judge James Gwin, who ruled in March that the attorney-client privilege did not apply to the requested documents.
The D.C. Circuit Sept. 2 denied a request for an en banc rehearing.
In his Dec. 1 cert petition, whistle-blower Harry Barko claimed that the D.C. Circuit applied the incorrect standard for granting KBR's petition for mandamus.
According to the petition, the appellate court's decision “expressly contradicts” the Supreme Court's landmark mandamus-related ruling—Mohawk Industries, Inc. v. Carpenter, 550 U.S. 100 (2009)—and deepens a circuit split on the threshold issue of mandamus jurisdiction.
Meanwhile, on Nov. 20, after the D.C. Circuit remanded the underlying case, Judge Gwin ruled that KBR would have to disclose information regarding the internal investigation under a different theory from his overturned ruling.
On Dec. 19, KBR filed a mandamus petition with the D.C. Circuit seeking to overturn the order.
Judge Gwin Jan. 10 denied a subsequent motion to stay all district court proceedings pending the court of appeals' resolution of the mandamus petition. Accordingly, the plaintiff will be allowed to conduct depositions under certain limitations.
To contact the reporter on this story: Michael Greene in Washington at firstname.lastname@example.org
To contact the editor responsible for this story: Ryan Tuck at email@example.com
The Supreme Court's order is available at http://www.supremecourt.gov/orders/courtorders/012015zor_bq7d.pdf.
All Bloomberg BNA treatises are available on standing order, which ensures you will always receive the most current edition of the book or supplement of the title you have ordered from Bloomberg BNA’s book division. As soon as a new supplement or edition is published (usually annually) for a title you’ve previously purchased and requested to be placed on standing order, we’ll ship it to you to review for 30 days without any obligation. During this period, you can either (a) honor the invoice and receive a 5% discount (in addition to any other discounts you may qualify for) off the then-current price of the update, plus shipping and handling or (b) return the book(s), in which case, your invoice will be cancelled upon receipt of the book(s). Call us for a prepaid UPS label for your return. It’s as simple and easy as that. Most importantly, standing orders mean you will never have to worry about the timeliness of the information you’re relying on. And, you may discontinue standing orders at any time by contacting us at 1.800.960.1220 or by sending an email to firstname.lastname@example.org.
Put me on standing order at a 5% discount off list price of all future updates, in addition to any other discounts I may quality for. (Returnable within 30 days.)
Notify me when updates are available (No standing order will be created).
This Bloomberg BNA report is available on standing order, which ensures you will all receive the latest edition. This report is updated annually and we will send you the latest edition once it has been published. By signing up for standing order you will never have to worry about the timeliness of the information you need. And, you may discontinue standing orders at any time by contacting us at 1.800.372.1033, option 5, or by sending us an email to email@example.com.
Put me on standing order
Notify me when new releases are available (no standing order will be created)