4th Circ. Contractor Privilege Order Protects Disclosure Rule

Law360 (March 16, 2020, 4:40 PM EDT) -- The U.S. Court of Appeals for the Fourth Circuit recently took the rare step of granting a petition for a writ of mandamus to overturn a district court’s discovery orders and thereby protect privileged information relating to a government contractor’s investigation pursuant to the mandatory disclosure rule.

The lower court’s orders, issued by the U.S. District Court for the Eastern District of Virginia in Anderson v. Fluor Intercontinental Inc.,[1] had held that a contractor’s disclosure under the mandatory disclosure rule constituted a waiver of the contractor’s attorney-client and work product privileges as to information developed during the company’s internal investigation conducted...

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