Reversing a lower court decision, the D.C. Circuit recently concluded – for a second time – that certain internal audit documents are protected from disclosure by the attorney-client communication and work production privileges.  On August 11, 2015, the D.C. Circuit issued a second writ of mandamus regarding the same group

This blog entry was written by Connie N. Bertram, who represented the defendant contractors in the proceedings before the district court.

Plaintiff, former engineer for defendant Impact Science & Technology, Inc. (IST), brought suit against IST and related entities under the whistleblower provisions of the False Claims Act (FCA) in 2007.  A federal district court in Maryland granted summary judgment in favor of IST, finding that the plaintiff had not satisfied any of the elements of a claim under the FCA.  The Fourth Circuit affirmed the district court’s decision on March 21, finding that the plaintiff’s internal complaints and discussions regarding heat testing on module used in a CIED system and discussions with the government about those complaints were not activities protected under the FCA.