The U.S. Court of Appeals for the D.C. Circuit on Wednesday waded into a dispute between the lawyers for a whistleblower and Kellogg Brown & Root Services Inc. over whether the company can withhold papers it says are protected by attorney-client privilege.

John Elwood of Vinson & Elkins, representing KBR, argued before a three-judge panel that a lower court judge erred in compelling the company to produce 89 documents related to the False Claims Act suit filed against it by purported whistleblower Harry Barko.