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IN RE KELLOGG BROWN & ROOT, INC.

No. 14-5055.

756 F.3d 754 (2014)

In re KELLOGG BROWN & ROOT, INC., et al., Petitioners.

United States Court of Appeals, District of Columbia Circuit.

Decided June 27, 2014.

Attorney(s) appearing for the Case

John P. Elwood argued the cause for petitioners. With him on the petition for writ of mandamus and the reply were John M. Faust , Craig D. Margolis , Jeremy C. Marwell , and Joshua S. Johnson .

Rachel L. Brand , Steven P. Lehotsky , Quentin Riegel , Carl Nichols, Elisebeth C. Cook , Adam I. Klein , Amar Sarwal , and Wendy E. Ackerman were on the brief for amicus curiae Chamber of Commerce of the United States of America, et al. in support of petitioners.

Stephen M. Kohn argued the cause for respondent. With him on the response to the petition for writ of mandamus were David K. Colapinto and Michael Kohn .

Opinion for the Court filed by Circuit Judge KAVANAUGH.

KAVANAUGH, Circuit Judge:

More than three decades ago, the Supreme Court held that the attorney-client privilege protects confidential employee communications made during a business's internal investigation led by company lawyers. See Upjohn Co. v. United States, 449 U.S. 383, 101 S.Ct. 677, 66 L.Ed.2d 584 (1981). In this case, the District Court denied the protection of the privilege...

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