United States: D.C. Circuit Grants KBR's Mandamus Petition, Protects Internal Investigation Files From Disclosure

In this article, Matthew Reinhard discusses the June 27, 2014, D.C. Circuit ruling that Kellogg, Brown & Root, Inc., (KBR) could not be compelled to produce files relating to its internal investigations into fraud and abuse associated with certain government contracts administered in Iraq. Reinhard provides an in-depth discussion of the opinion, written by Judge Kavanaugh, which focused on the Supreme Court's decision in Upjohn Co. v. United States; evaluates the appropriateness of mandamus review; and concludes with final observations, particularly regarding the limits of what privilege actually protects.
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