On June 27, 2014, the D.C. Circuit vacated the U.S. District Court for the District of Columbia’s hotly-debated opinion in United States ex rel. Barko v. Halliburton Co., making it clear that internal investigation communications are privileged “if one of the significant purposes of the internal investigation was to obtain or provide legal advice.”  The Circuit court noted that the privilege applies even if the internal investigation is conducted pursuant to a company compliance program required by statute or regulation, or is otherwise conducted pursuant to company policy.
Continue Reading D.C. Circuit Vacates Barko Ruling on Scope of Privilege in Internal Investigations