In a triumph of common sense, the DC Circuit overturned the KBR privilege decision last week which exempted from privilege internal investigations overseen by in house counsel with a primary purpose of complying with the mandatory disclosure rule. Although that ruling was temporarily good for business for people like me, it just did not make sense. Common sense has prevailed, and privilege applies as long as one of the significant purposes of the investigation (even if not the only purpose) is to obtain legal advice.
