In United States ex rel. Wollman v. Massachusetts Gen. Hosp., Inc., yet another district court agreed with the U.S. Court of Appeals for the District of Columbia Circuit’s decision In re Kellogg Brown & Root, Inc., holding that, although the defendants waived it here, attorney-client privilege applies to internal investigations.
While the district court’s decision should provide comfort to white collar and corporate compliance attorneys, it should also serve as a warning regarding the importance of following best practices for protecting privilege and the often limited application of the work product doctrine in the context of internal investigations.
