Legal Alerts/Details

Pitfalls of Internal Investigations: Supreme Court Appeal Highlights Perils of Reliance on Consulting Firms

November 29, 2022
  1. See Upjohn Co. v. United States, 449 U.S. 383, 395, (1981).

  2. See In re Grand Jury, 23 F.4th 1088, 1091 (9th Cir. 2021), cert. granted sub nom. In re Jury, 21-1397, 2022 WL 4651237 (U.S. Oct. 3, 2022)

  3. See id. at 1090.

  4. See id. at 1094.

  5. See id.

  6. See id. at 1091.

  7. See In Re Kellogg Brown & Root, Inc., 756 F.3d 754, 759–60 (D.C. Cir. 2014)

  8. The Seventh Circuit Court of Appeals also weighed on this issue and held that dual-purpose records are never protected by the privilege. United States v. Frederick, 182 F.3d 496, 501 (7th Cir. 1999).

  9. See In Re Kellogg, 756 F.3d at 757.

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