Tag Archives: internal investigations

Join Us: Life Sciences Health Industry Roundtable on “Identifying and Mitigating Risk in a Changing Global Economy”

In-house counsel at pharmaceutical, medical device, and health companies are invited to join their peers and leading Reed Smith life sciences lawyers for a roundtable discussion on how to identify and mitigate risk. The event will be held on 5 March in Reed Smith’s London office. A networking breakfast will be provided at 8:30 a.m., … Continue Reading

Are Internal Compliance Investigations Privileged? D.C. District Court Rules No

We want to alert life sciences and health care entities to a recent decision out of the U.S. District Court for the District of Columbia. On March 6, 2014, the U.S. District Court for the District of Columbia granted a qui tam relator's motion to compel the production of documents relating to the defendant Kellogg Brown & Root Services, Inc.'s (KBR's) "Code of Business Conduct (COBC) investigations," holding such documents were not protected from disclosure under either the attorney-client privilege (ACP) or the attorney work product doctrine (AWP). The court concluded that the company's investigations were conducted pursuant to "regulatory law and corporate policy," rather than for the purpose of obtaining legal advice. Accordingly, KBR was ordered to produce some 89 documents that it previously claimed as privileged under the ACP and/or AWP. U.S. ex rel Barko v. Halliburton Company, No. 1:05-CV-1276 (D.D.C., March 6, 2014). The court's broader statements could have significant implications for companies in regulated industries where corporate compliance programs are commonplace, or even required.… Continue Reading
LexBlog