In a decisive move on Oct. 3, the Sixth Circuit unanimously vacated the district court’s order, ruling that FirstEnergy’s internal investigation materials are covered by attorney-client privilege and the work-product doctrine. The court affirmed the importance of attorney-client privilege, saying it “is the oldest of the privileges for confidential communications known to the common law.” It further cited the Supreme Court’s 1981 holding in Upjohn v. United States. […]
The broader implications are hard to overstate. Upholding the district court’s approach would have set a dangerous precedent that could have required disclosure of highly sensitive internal reviews, even when they were initiated while seeking legal advice. That is why 39 law firms—including Cadwalader—filed an amicus brief urging for the reversal of this decision, and why the Sixth Circuit specifically cited the strong “public interest” in preserving attorney-client privilege and work-product protections. Clients must be able to ask for legal advice without fear that their communications, and internal analyses, will later be used against them and aired in open court.
Source: Historic Bribery Case’s Privilege Battle Boosts Corporate Probes