DC Circ. Backs Boehringer In FTC Atty-Client Privilege Row

Law360 (June 19, 2018, 7:11 PM EDT) -- The D.C. Circuit refused to overturn a ruling that communications subpoenaed from Boehringer Ingelheim Pharmaceuticals Inc. during a Federal Trade Commission pay-for-delay investigation are covered by attorney-client privilege, saying Tuesday one of their main purposes was to get legal advice.

A three-judge panel found that a D.C. federal magistrate judge properly ruled that the documents at issue were protected after privately reviewing them. According to Tuesday's opinion, penned by U.S. Circuit Judge Brett M. Kavanaugh, the documents included communications between executives and Boehringer Ingelheim’s general counsel related to a possible settlement with Barr Pharmaceuticals Inc. over the stroke prevention drug Aggrenox....

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