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  • Writer's pictureKirk Hartley

The Legal Wars Between Whistleblowers and Defense Contractors

The litigation industry never sits still – it’s move and countermove. To try to stifle surging whistleblowing, some defense contractors (e.g. Kellog Brown and Root) are using internal documents that allow internal whistle-blowing only if the person agrees 1) to refrain from external whistle blowing, and 2) to not talk to prosecutors or investigators.

These tactics make one wonder about whether the feds will or will not bring obstruction of justice charges against lawyers and officers involved in implementing these terms. It could become interesting since assertion of an advice of counsel defense fairly often is deemed an implied waiver waiver of privilege as to communications with counsel. One also wonders if a D & O policy will pay for a defense to criminal charges asserting obstruction of justice.

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