KBR Fights Review of Document Privilege

Andrew Ramonas, Corporate Counsel

John Elwood.
John Elwood.
Photo: Diego M. Radzinschi/NLJ

Lawyers for Kellogg Brown & Root Services Inc. are fighting back against a petition for a full federal appeals court in Washington to hear a dispute over company documents that a three-judge panel decided are privileged.

Vinson & Elkins partner John Elwood and other KBR lawyers wrote in a court filing submitted on Wednesday that the ruling doesn’t warrant a review by the full U.S. Court of Appeals for the D.C. Circuit. The petition for a rehearing on the matter doesn’t “show even tension (never mind conflict)” with other appellate court decisions, they wrote.

Lawyers for whistleblower Harry Barko last month asked the full D.C. Circuit to examine the June decision by D.C. Circuit judges Thomas Griffith, Brett Kavanaugh and Sri Srinivasan to allow KBR to keep 89 documents confidential under the attorney-client privilege. Barko’s lawyers requested the papers as part of their client’s False Claims Act case against the company. KBR, with support from the Association of Corporate Counsel, U.S. Chamber of Commerce and other business groups, has maintained that the documents are shielded from disclosure.

Read the full article on The Blog of Legal Times (subscription required).

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