D.C. Circuit Vacates Controversial KBR Ruling

Summary: The U.S. Court of Appeals for the D.C. Circuit recently issued a unanimous decision granting Kellogg Brown & Root’s (KBR) petition for a writ of mandamus and vacating the district court’s March 6 document production order. In its opinion, the Court of Appeals refuted each of the lower court’s bases for rejecting KBR’s claims of attorney-client privilege or attorney work-product protections, and reaffirmed the standards set by Upjohn Co. v. United States.