Summary
The Sixth Circuit granted a petition for a writ of mandamus to vacate a district court's order compelling FirstEnergy Corporation to produce documents from internal investigations into a bribery scheme involving a former Ohio official. The court held that the attorney-client privilege and work-product doctrine shielded the materials because they were created in anticipation of litigation and sought legal advice regarding potential criminal and civil liability. Mandamus relief was deemed appropriate given the district court's clear legal error and the inadequacy of alternative review methods.
Topics
Practice areas
Questions Presented
- Whether the district court’s privilege and work‑product rulings were erroneous.
- Whether those errors were sufficiently clear to warrant mandamus relief.
Holdings
- The district court erred; the attorney‑client privilege and work‑product doctrine apply to the internal investigations and protect the communications.
- The errors are clear and extraordinary; mandamus is appropriate and the district court’s production order is vacated.
Key quotations
“The attorney‑client privilege “is the oldest of the privileges for confidential communications known to the common law.” Upjohn Co. v. United States, 449 U.S. 383, 389 (1981).” (at 4)
“Mandamus is a “drastic and extraordinary remedy reserved for really extraordinary causes.” Cheney, 542 U.S. at 380.” (at 5)
Factual background
FirstEnergy, an Ohio public utility, faced financial strain and allegedly engaged in a bribery scheme with Ohio House Speaker Larry Householder to secure a $1.3 billion bailout. After a federal RICO complaint and subpoenas, FirstEnergy retained outside counsel (Squire and Jones Day) to conduct internal investigations. Shareholders sued and sought the fruits of those investigations, leading the district court to order production of the privileged materials.
Procedural history
The district court ordered production of privileged and work‑product documents. FirstEnergy filed a petition for mandamus in the Sixth Circuit. The appellate court granted the petition and vacated the district court’s production order.
Remand instructions
Vacate the district court’s document production order.