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Special Master Holds Information Relating to Company’s Internal Investigation Performed by Outside Counsel Is Not Privileged

December 8, 2023

Danielle N. Bagwell, Esq.

MGKF Litigation Blog

In In Re FirstEnergy Corp. Securities Litigation, case number 2:20-cv-03785 pending in the U.S. District Court for the Southern District of Ohio, the special master granted a motion to compel discovery of documents relating to an internal investigation performed by outside counsel for defendant FirstEnergy Corp. (“First Energy”) regarding the company’s role in an alleged bribery scheme. Because of a lack of admissible supporting evidence, the special master rejected the company’s position that the materials were protected by the attorney-client privilege and work-product doctrine and ordered FirstEnergy to produce all documents related to the internal investigation.

Read the full blog post.