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FTC v. BOEHRINGER INGELHEIM PHARMACEUTICALS, INC.

No. 16-5356 Consolidated with 16-5357.

892 F.3d 1264 (2018)

FEDERAL TRADE COMMISSION, Appellant v. BOEHRINGER INGELHEIM PHARMACEUTICALS, INC., Appellee.

United States Court of Appeals, District of Columbia Circuit.

Decided June 19, 2018.

Attorney(s) appearing for the Case

Mark S. Hegedus , Attorney, Federal Trade Commission, argued the cause for appellant. With him on the briefs were David C. Shonka , Acting General Counsel, and Joel Marcus , Deputy General Counsel for Litigation.

Lawrence D. Rosenberg argued the cause for appellee. With him on the briefs were Michael Sennett and Nicole C. Henning .

John P. Elwood , Zachary J. Howe , Kate Comerford Todd , Sheldon Gilbert , and Amar D. Sarwal were on the brief for amicus curiae Chamber of Commerce of the United States of America and Association of Corporate Counsel in support of Boehringer Ingelheim Pharmaceuticals, Inc. Warren D. Postman entered an appearance.

Concurring opinion filed by Circuit Judge PILLARD.

The pharmaceutical company Boehringer claimed attorney-client privilege over certain documents subpoenaed by the Federal Trade Commission. The attorney-client privilege applies to a communication between attorney and client if at least "one of the significant purposes" of the communication was to obtain or provide legal...

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