The full U.S. Court of Appeals for the D.C. Circuit on Tuesday declined to hear a dispute over whether Kellogg Brown & Root Services Inc. should be forced to disclose certain internal documents to a whistleblower. A three-judge panel earlier ruled for the contractor, shielding the information.
Attorneys Michael Kohn, Stephen Kohn and David Colapinto, who represent whistleblower Harry Barko in his False Claims Act lawsuit against KBR, in July asked the full D.C. Circuit to review the panel ruling. The panel—D.C. Circuit judges Thomas Griffith, Brett Kavanaugh and Sri Srinivasan—said the information can remain confidential under the attorney-client privilege. The business community heralded the panel decision, which overturned a trial judge’s order that KBR must release the information.
