In a per curiam, unpublished decision in In re Fluor Intercontinental, Inc., issued on March 25, 2020, the Fourth Circuit has provided some valuable guidance concerning how companies may avoid waivers of the attorney-client privilege when making disclosures to the government after privileged internal investigations. While the decision is non-precedential even within the Fourth Circuit, it reinforces the legal and policy reasons for allowing such disclosures to occur without mandating waiver of underlying privileged… Continue Reading