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Expert Analysis

Barko Muzzled, But Attorney-Client Info Remains At Risk

Law360, New York ( August 28, 2014, 1:42 PM EDT) -- After the highly controversial D. C. District Court ruling in United States ex rel. Barko v. Halliburton Co. ,[1] which permitted discovery of attorney-client communications and attorney work product generated during a confidential internal investigation that had been undertaken in order to comply with regulatory disclosure obligations, the D. C. Circuit took the rare step of granting a writ of mandamus in order to vacate the ruling. [2] This outcome was a welcome reprieve for government contractors, and indeed, for any corporation that is subject to legal or financial disclosure obligations or incentives potentially affecting its decision to undertake an internal investigation. . . .

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