Jenner & Block

Client Alert: ISS Marine: A Contractor’s Failed Attempt To Shield An Internal Audit With Attorney-Client Or Work Product Protections

ISS Marine highlights the difficulty of shielding internal audits from the government’s subpoena powers under the attorney-client privilege and work-product doctrine.  The decision provides a clear warning for contractors initiating investigations of potential fraud relating to their Government contracts:  A company’s failure to involve counsel at the outset and throughout an internal investigation may preclude protection of such internal investigations from disclosure in response to a subpoena.