In re Fluor Intercontinental, Inc.

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The Fourth Circuit granted the petition for writ of mandamus, setting aside a district court’s order finding a government contractor waived its attorney-client privilege and work-product protections by disclosing of facts from an internal investigation to the Department of Defense. The U.S. Chamber led a coalition amicus brief in support of that result. The Fourth Circuit denied leave to file the amicus brief, but Fluor’s reply brief extensively quoted and cited the U.S. Chamber’s amicus brief.

The U.S. Chamber, along with National Association of Manufacturers and Association of Corporate Counsel, filed an amicus brief urging the Fourth Circuit to grant writ of mandamus and hold that a government contractor did not waive attorney-client privilege over entire internal investigation by complying with its regulatory obligation to disclose potential violation and fully cooperate with government investigators.

The U.S. Chamber previously filed a brief supporting a motion for reconsideration when this case was before the U.S. District Court for the Eastern District of Virginia.

Jeremy C. Marwell of Vinson & Elkins LLP served as co-counsel for the amici.