In re Kellogg Brown & Root, Inc.

Case Updates

The D.C. Circuit found the District Court’s orders irreconcilable with binding precedent. Thus, it granted the petition for writ of mandamus and vacated the previous orders to correct the legal error in favor of KBR.

In a coalition brief, the Chamber asked the D.C. Circuit to review by mandamus, a district court’s decision that improperly found a waiver of the attorney-client privilege in the context of an internal investigation. The brief argued that the lower court’s expansive view of waiver will erode companies’ reliance on expert investigations.

The Chamber filed the brief jointly with the National Association of Manufacturers, Association of Corporate Counsel, American Forest & Paper Association, Pharmaceutical Research and Manufacturers of America and the Coalition for Government Procurement.

Carl Nichols, Elisebeth Collins Cook, and Adam Klein of WilmerHale represented the U.S. Chamber of Commerce as co-counsel to the U.S. Chamber Litigation Center in this case.