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United States ex rel. Barko v. Halliburton Co.

United States District Court, D. Columbia.

November 20, 2014

UNITED STATES OF AMERICA ex rel. HARRY BARKO, Plaintiff-Relator,
v.
HALLIBURTON COMPANY et al., Defendants

Page 184

[Copyrighted Material Omitted]

Page 185

For HARRY BARKO, United States of America ex rel, Plaintiff: Anthony C. Munter, LEAD ATTORNEY, PRICE BENOWITZ, LLP, Washington, DC; David K. Colapinto, Michael David Kohn, Stephen M. Kohn, LEAD ATTORNEYS, KOHN, KOHN & COLAPINTO, LLP, Washington, DC.

For HALLIBURTON COMPANY, KELLOGG BROWN & ROOT SERVICES, INC., KELLOGG BROWN & ROOT SERVICES, INC., KBR TECHNICAL SERVICES INC, KELLOGG BROWN & ROOT ENGINEERING CORPORATION, KELLOGG BROWN & ROOT INTERNATIONAL, INC., A Delaware Corporation, KELLOGG BROWN & ROOT INTERNATIONAL, INC., A Panamanian Corporation; And any other entities doing business under the name Kellogg Brown and Root, KELLOG BROWN & ROOT, Defendants: Craig D. Margolis, LEAD ATTORNEY, Alden Lewis Atkins, Tirzah S. Lollar, VINSON & ELKINS, L.L.P., Washington, DC; John Martin Faust, LEAD ATTORNEY, LAW OFFICES OF JOHN M. FAUST, PLLC, Washington, DC; John Randall Warden, U.S. DEPARTMENT OF JUSTICE, Criminal Division, Washington, DC.

For DAOUD & PARNTERS INC., Defendant: Daniel H. Bromberg, LEAD ATTORNEY, QUINN EMANUEL URQUHART OLIVER & HEDGES, LLP, Redwood Shores, CA; Christine H. Chung, PRO HAC VICE, QUINN EMANUEL URQUHART & SULLIVAN LLP, San Francisco, CA; Christopher Tayback, Scott L. Watson, PRO HAC VICE, QUINN EMANUEL URQUHART & SULLIVAN LLP, Los Angeles, CA.

For UNITED STATES OF AMERICA, Movant: Beverly Maria Russell, LEAD ATTORNEY, U.S. ATTORNEY'S OFFICE, Civil Division, Washington, DC.

Page 186

OPINION & ORDER

[Resolving Doc. 154]

JAMES S. GWIN, UNITED STATES DISTRICT JUDGE.

In this qui tam case, Plaintiff-Relator Harry Barko disputes the attorney-client privilege and attorney work product claims made by Defendants Kellogg Brown & Root Services, Inc., KBR Technical Services, Inc., Kellogg, Brown & Root Engineering Corporation, Kellogg, Brown & Root International, Inc., and Halliburton Company (collectively " KBR" ) regarding certain documents.

KBR has submitted these documents along with three privilege logs for in camera review. The first privilege log deals with Code of Business Conduct (COBC) investigation reports. The second and third privilege logs primarily cover other

Page 187

documents that KBR claims attorney-client privilege or work product protection for, though these logs also contain six documents related to the COBC. KBR has filed a motion for a protective order as to the documents in Privilege Logs #2 and 3.[1] Barko opposes this motion.[2]

For the reasons below, the Court GRANTS IN PART and DENIES IN PART KBR's motion for a protective order.[3] Appendix A, a chart based on Privilege Logs #2 and 3 as provided by KBR, contains a complete list of the documents KBR has withheld or redacted along with the Court's ruling on KBR's claims of privilege and work product protection.

I. Legal Standards and Introduction

After reviewing the documents referenced in the second and third privilege logs, the Court grants some of KBR's claims of privilege or protection, but denies others.

In general, the attorney-client privilege shelters confidential communications between an attorney and client, including their agents, made with a primary purpose of seeking or providing legal advice.[4] A " primary purpose" is defined as " one of the significant purposes" of the communication.[5] The attorney-client privilege, like all privileges, is in derogation of the truth-seeking process, and is therefore to be construed strictly.[6] The party asserting privilege bears the burden of demonstrating that it applies.[7]

Work product protection attaches to " documents and tangible things that are prepared in anticipation of litigation or for

Page 188

trial." [8] In this circuit, a document is prepared " in anticipation of litigation" if " 'in light of the nature of the document and the factual situation in the particular case, the document can fairly be said to have been prepared or obtained because of the prospect of litigation.'" [9] This standard both requires a subjective belief that litigation was a real possibility and requires that the belief be objectively reasonable.[10]

Broadly speaking, there are three categories of documents the Court concludes have been improperly withheld. In the first, the attorney's merely incidental connection to the documents combines with other factors to convince the Court that the documents neither had a significant purpose of seeking or providing legal advice nor were prepared in anticipation of litigation. In the second, the Court concludes that the material is neither privileged nor protected because it discloses only that an attorney was consulted and the general topic of the consultation, but not the substance of those communications. In the third, the Court concludes that numerous litigation hold notices are not privileged as they were not intended to be kept confidential and are not protected work product because they merely describe KBR's document retention practices.

II. Documents with Attorneys as Incidental Recipients[11]

In the first category of documents that the Court concludes are subject to disclosure, KBR attorneys were merely copied on or were added recipients of emails that were not sent for the purpose of seeking or providing legal advice. As noted above, in order for a communication to be sheltered by the attorney-client privilege, it must have a " primary purpose" --defined as " one of the significant purposes" --of either obtaining or providing legal advice.[12] Parties, including corporations, may not shield otherwise discoverable documents from disclosure by including an attorney on a distribution list.[13] Thus, the fact that an attorney either is copied on or is one of multiple recipients of

Page 189

an email does not on its own support a claim of attorney-client privilege.

KBR's privilege logs claim that the documents described in this section request, provide, or discuss legal advice, or convey information for the purpose of obtaining legal advice. The Court, however, concludes after its in camera examination that these were not " one of the significant purposes" of these documents. The attorneys were merely incidental recipients of communications made for ordinary business purposes--not for obtaining or providing legal advice. Moreover, none of the other employees involved in the communications were acting as agents of attorneys for the purposes of providing legal advice or gathering information to allow the attorneys to provide legal advice. The communications are thus outside the scope of the attorney-client privilege.

These documents also do not qualify for work product protection. Just as these communications lacked a " significant purpose" of seeking or providing legal advice, they were not prepared " in anticipation of litigation." As described above, the documents in question consist of ordinary business communications between non-attorneys with an attorney or attorneys as additional recipients. In the same way that the addition of an attorney to a distribution list does not transform the documents into requests for legal advice, it does not transform them into documents prepared in anticipation of litigation.

III. Documents Reflecting That a Consultation Occurred[14]

Another subset of documents for which the Court concludes that neither attorney-client privilege nor work product protection apply are those that reference communications with attorneys without disclosing the contents of those communications. The underpinning of this holding is that the mere fact of consultation with a lawyer about an issue is generally neither privileged nor protected.[15] Attorneys thus may properly cross-examine witnesses about whether they spoke to their attorneys about their testimony prior to taking the stand at trial or during a break in a deposition, so long as they do not inquire into the specific content of the conversation between attorney and client. Similarly, a consultation with a lawyer does not make underlying facts privileged, even though the substance of the discussion about those facts would be.[16]

Page 190

Thus, documents that show one corporate employee telling another to consult a lawyer on a general topic without conveying the specific content of the desired communication are no more immune to production than a witness's statement that he discussed that broad topic with his or her attorney prior to testifying at a trial. By the same token, documents that reflect only that a nonattorney spoke to or received advice from an attorney and then acted are discoverable because they do not reflect privileged communications.[17] Neither the fact of the consultation nor the eventual action taken are protected from disclosure, and the fact that clients sometimes choose not to follow their attorneys' advice prevents such documents from implicitly disclosing any more than the general nature of the confidential communications sheltered by the attorney-client privilege.[18] Thus, these types of documents must be disclosed.[19]

IV. Litigation Holds[20]

The last major category of documents the Court considers are litigation hold notices. These emails were sent from KBR's CEO and Vice President of the Legal Department to large groups of individuals, such as " [a]ll KBR employees," instructing them to preserve certain documents in connection with government investigations. Although some decisions from other courts have found that these types of documents are covered by the attorney-client privilege or work product doctrine,[21] the Court concludes that the particular litigation hold notices at issue here are discoverable, though the question is a close one.

The cornerstone requirement of the attorney-client privilege is intent to keep the communication confidential. That is, " [t]he circumstances must indicate that the communicating persons reasonably believed that the communication would be confidential." [22] In the corporate

Page 191

context, this requires that internal corporate communications be shared no more widely than necessary to implement the lawyer's advice. Typically, this means that the attorney-client privilege only covers a lawyer's communications with officers and employees with the responsibility for acting on the lawyer's advice.[23] Sharing of otherwise confidential information within a corporation--even if the sharing is only with employees--can result in loss of the privilege if the sharing goes beyond this " need-to-know limitation." [24]

Crucially, the litigation hold notices at issue here were sent to large groups such as " all KBR employees." Furthermore, follow-up emails encouraged employees to share some of the litigation hold notices with other employees who may not have received or read the first notice. No warning was given that these notices should be disseminated no more widely than necessary. No directive was issued telling employees not to discuss the litigation hold notices outside the company. KBR has thus failed to demonstrate its intent to keep these communications confidential, and the attorneyclient privilege does not apply.[25]

Whether these documents are protected by the attorney work product doctrine is an even closer call. As stated above, work product protection attaches to " documents and tangible things that are prepared in anticipation of litigation or for trial." [26] This protects the work of an attorney (or a person acting at the direction of an attorney) from being disclosed to opposing counsel, so that the attorney is free to " prepare his legal theories and plan his strategy without undue burden and needless interference." [27]

It is not clear that these litigation hold notices and follow-up emails represent protected attorney work product. A party may discover the steps the opposing party has taken to preserve relevant information.[28] The notices were sent from KBR's CEO to large groups of employees, and can fairly be said to merely describe

Page 192

KBR's document retention practices, rather than relate any attorney's preparations for litigation. Thus, it is not clear that these documents are attorney work product at all.

Furthermore, there is little concern about prejudicing KBR's counsel's ability to prepare for litigation if these litigation hold notices are disclosed. This is simply not the type of preparation that is intended to be protected by the privilege, especially given today's liberal standards for conducting discovery where companies have a duty to preserve electronic documents.[29] An attorney cannot complain that his preparations for trial have been unfairly affected by his opponent receiving information about document retention practices to which he is entitled.

In addition, other decisions that have found litigation hold notices to be shielded from disclosure have noted that these documents are often unlikely to lead to the discovery of admissible evidence as required by Rule 26.[30] The litigation hold documents at issue here, however, reflected that KBR had " disclosed to the government the possibility that one or two of [its] former employees may have received 'kick backs' from a selected contractor and [it is] cooperating with the appropriate authorities as they conduct this investigation." [31] Other litigation hold documents said KBR had received a subpoena from the Department of Defense. The documents that KBR shared with the Department of Defense in response to this subpoena are themselves discoverable.[32] These litigation hold notices are likely to provide Plaintiff-Relator Barko with information about what steps KBR took to comply with these subpoenas. Since the litigation hold notices here are themselves relevant, this case is distinguishable from those considering more generic litigation holds.

The Court recognizes that this is a close decision. Other cases that have considered these sorts of documents have reached the opposite conclusion and found them to be privileged or protected work product. But after inspecting these particular litigation hold notices, the Court finds that they are distinguishable from the generic case, and are therefore discoverable.

V. Remaining Documents

After its in camera review, the Court concludes that the remaining documents are covered by either the attorney-client privilege or work product doctrine. Accordingly, the Court concludes that KBR has made the necessary showing of " good cause" to support a protective order as to these documents.

VI. Conclusion

For the reasons listed above, and as indicated in footnotes 11, 14, 19, and 20, as well as in Appendix A, the Court GRANTS IN PART and DENIES IN PART KBR's motion for a protective order. KBR has previously appealed the compelled production of other documents in this case. The Court intends to direct this case towards resolution. For that reason, the Court orders Barko not to disclose the contents of the documents. If Barko intends to use or refer to the documents in subsequent filings in this case, the Court orders that such filings be made under seal. This

Page 193

order will remain in effect unless modified or lifted by the Court.

IT IS SO ORDERED

APPENDIX A

Privilege

Doc.

Date

Description

Ruling

Log

No.

2

1

8/9/2001-

E-mail chain with

Privileged and/or

8/13/2001

KBR counsel

work product.

regarding guaranty

agreement for

LOGCAP proposal.

2

12

10/1/2007

Document from KBR

Not privileged or

Law Department

protected.

regarding document

Litigation hold

preservation

notice not intended

directive and

to be confidential

possible employee

and not attorney

interviews.

work product.

2

13

4/29/2008

E-mail from Bill

Not privileged or

Utt and counsel

protected.

to all KBR

Litigation hold

employees regarding

notice not intended

document

to be confidential

preservation

and not attorney

directive for all

work product.

activities under

LOGCAP III and

outside inquiries.

2

14

5/25/2004

E-mail chain

Privileged and/or

seeking and

work product.

obtaining legal

advice from

corporate counsel

relating to D& P

B-6 Man Camp

dispute.

2

15

5/25/2004

Duplicate of #14

Privileged

above.

and/or work

product.

2

16

6/2/2004

Redacted e-mail

Not privileged or

chain requesting

protected. Only

and discussing

reflects that

legal

consultation with

advice from

attorney occurred,

corporate counsel

not the

relating to D& P

substance of the

B-6 Man

communication.

Camp dispute.

[Redacted and

produced as

KBR-BARKO-018116

-018119]

2

17

5/3/2004

Redacted e-mail

Not privileged or

chain requesting

protected. For

legal advice from

some parts, attorney

corporate counsel

only an

relating to D& P B-6

incidental recipient.

Man Camp

For other

dispute. [Redacted

parts, only reflects

and produced as

that consultation

KBR-BARKO-018326-0

with attorney

18331]

occurred,

not the

substance of the

ommunication.

2

18

2/10/2006

E-mail chain with

Privileged and/or

corporate counsel

work product.

requesting and

receiving legal

advice about D& P

B-6 Man Camp

dispute

and DCAA audit.

2

19

1/31/2006

E-mail to corporate

Privileged and/or

counsel for

work product.

purposes of

receiving

legal advice about

D& P B-6 Man Camp

dispute and

DCAA audit.

2

20

1/4/2006

Memorandum produced

Privileged and/or

at request of

work product.

corporate counsel

in

order to obtain

legal advice

concerning EAMAR

contract

termination.

2

21

1/4/2006

Duplicate of #20

Privileged and/or

above.

work product.

2

22

1/4/2006

Duplicate of #20

Privileged and/or

above.

work product.

2

23

1/7/2003

Redacted e-mail

Redacted portion is

chain from

privileged

corporate counsel

and/or work product.

concerning corporate

registration

in Jordan and the

agentrelationship

with D& P. [Redacted

and produced as

KBR-BARKO-35697-35700

2

24

8/27/2004

Redacted e-mail

Redacted portion is

conveying legal

privileged

communications and

and/or work product.

requests for

information from

outside counsel

at Vinson

& Elkins.

[Redacted and

produced

as

KBR-BARKO-035716-03

5717]

2

25

1/7/2003

Duplicate of #23

Redacted portion is

above.

privileged

and/or work product.

2

26

5/4/2004

Redacted e-mail

Not privileged or

chain requesting

protected, except

and providing legal

for the email on

advice and

#p

Page 3 of the

conveying

document from Michael

information to

Hatch dated May 4, 20

counsel for the

That email may be

purpose of obtaining

redacted as it is a

legal advice about

privileged communicat

EAMAR contract

from an attorney. The

termination.

rest are communicatio

[Redacted and

where attorneys were

produced as

mere incidental

KBR-BARKO-035720-0

recipients.

35721]

2

27

7/28/2004

E-mails among

Redacted portion is

counsel and KBR

privileged

investigator and

and/or work product.

security personnel

acting at direction

of counsel regarding

allegations in the

e-mail produced at

KBR-BARKO-032706-10

to be considered as

part of

internal

investigation

CBC-KBR-2004-002148.

2

28

1/20/2003

E-mail chain

Privileged and/or

seeking

work product.

and discussing legal

advice from

corporate counsel

Chris Heinrich and

Peter Arbour

concerning corporate

registration in

Jordan

and D& P

sponsor-agent

relationship.

2

29

1/14/2003

E-mail chain

seeking and

obtaining legal

advice from

corporate counsel

Chris Heinrich

concerning

corporate

registration in

Jordan and D& P

sponsor-agent

relationship.

2

30

3/13/2005

E-mail chain

Privileged and/or

seeking and

work product.

obtaining legal

advice from

corporate counsel

Chris Heinrich

and Peter Arbour

concerning

corporate

registration in

Jordan and D& P

sponsor-agent

relationship.

2

31

1/17/2003

E-mail chain

Privileged and/or

seeking and

work product.

obtaining legal

advice from

corporate counsel

Chris Heinrich

concerning

corporate

registration in

Jordan and D& P

sponsor-agent

relationship.

2

32

1/14/2003

E-mail chain

Privileged and/or

seeking and

work product.

obtaining legal

advice from

corporate counsel

Chris Heinrich

concerning

corporate

registration in

Jordan and D& P

sponsor-agent

relationship.

2

33

1/20/2003

E-mail chain

Privileged and/or

seeking and

work product.

obtaining legal

advice from

corporate counsel

Chris Heinrich and

Peter Arbour

concerning

corporate

registration in

Jordan and D& P

sponsor-agent

relationship.

2

34

1/13/2003

E-mail chain

Privileged and/or

seeking legal

work product.

advice from

corporate counsel

Chris Heinrich

concerning

corporate

registration

in Jordan

and D& P

sponsor-agent

relationship.

2

35

1/16/2003

Form prepared at

Privileged and/or

direction and

work product.

with assistance of

corporate counsel

for review by

corporate counsel

Chris Heinrich of

D& P sponsor-agent

relationship in

Jordan.

2

36

1/13/2003

E-mail chain seeking

Partially privileged.

and obtaining legal

The two emails on pag

advice from

1 of the document MDAS

corporate counsel

Bill Courtney dated J

Chris Heinrich and

13, 2003, and from To

Peter Arbour

Nickles dated January

concerning corporate

2003--are not

registration in

privileged or protect

Jordan and D& P

as an attorney is onl

sponsor-agent

incidental recipient,

relationship.

in any event they do

seek or provide legal

advice. The rest of t

emails in the documen

are privileged

communications that m

redacted.

3

1

7/5/2004

Redacted e-mail

Redacted portion

chain seeking

is privileged

legal advice from

and/or work product.

corporate counsel

concerning EAMAR

employees in Iraq.

[Redacted and

produced as

KBRBARKO-E000351]

3

2

4/26/2004

E-mail chain

Privileged and/or

seeking and

work product.

obtaining legal

advice from

corporate counsel

Chris Heinrich and

Michael Hatch

concerning corporate

registration in

Jordan and

D& P sponsor-agent

relationship.

3

3

5/25/2004

E-mail chain

Privileged and/or

seeking and

work product.

receiving legal

advice from

corporate counsel

concerning D& P B-6

Man Camp

dispute.

3

4

6/6/2004

E-mail seeking

Privileged and/or

legal advice from

work product.

corporate counsel

Michael Hatch

concerning

corporate

registration in

Jordan

and D& P

sponsor-agent

relationship.

3

7

4/19/2004

Redacted e-mail

Redacted portion

chain seeking and

is privileged

obtaining legal

and/or work product.

advice

from corporate

counsel related

to EAMAR contract

termination.

[Redacted and

produced as

KBR-BARKO-E024697]

3

8

4/19/2004

Redacted e-mail

Redacted portion

containing legal

is privileged

advice from

and/or work product.

corporate

counsel related to

EAMAR contract

termination.

[Redacted and

produced as

KBR-BARKO-E024703]

3

9

4/19/2004

Redacted e-mail

Redacted portion

chain seeking and

is privileged

obtaining legal

and/or work product.

advice

from corporate

counsel related

to EAMAR contract

termination.

[Redacted and

produced as

KBR-BARKO-E024709.]

3

10

5/3/2004

Redacted e-mail

Not privileged or

chain requesting

protected. For

and discussing

some parts, attorney

legal advice from

only an incidental

corporate counsel

recipient. For other

relating to D& P

parts, only reflects

B-6 Man Camp

that consultation

dispute.

with attorney occurre

[Redacted and

not the substance of

produced as

the communication.

KBR-BARKO-E004777]

3

11

6/6/2004

E-mail chain

Privileged and/or

containing legal

work product.

advice from

corporate

counsel concerning

corporate

registration in

Jordan and

D& P sponsor-agent

relationship.

3

12

8/19/2004

E-mail chain

Not privileged

containing document

or protected.

preservation

Litigation hold

directive

notice not intended

in # 6 above with

to be confidential

additional legal

and not attorney

advice from

work product.

corporate counsel.

3

15

10/3/2004

Redacted e-mail

Not privileged

conveying legal

or protected. Any

advice from

communications

corporate

with attorney not

counsel Michael

for purpose of

Hatch regarding

seeking or providing

investigation into

legal advice.

D& P employee

treatment.

[Redacted and

produced as

KBR-BARKO-E024874]

3

17

3/27/2004

E-mail chain

Redacted portion

concerning

is privileged

investigation and

and/or work product.

seeking legal

advice from

corporate counsel

concerning EAMAR

termination.

[Redacted and

produced as

KBR-BARKO-36812]

3

18

8/19/2004

E-mail chain

Not privileged

containing document

or protected.

preservation

Litigation hold

directive from Andy

notice not intended

Lane and corporate

to be confidential

counsel for all

and not attorney

activities under

work product.

LOGCAP III and

outside inquiries.

3

20

5/4/2004

Redacted e-mail

Not privileged or

chain requesting

protected. For

legal advice from

some parts, attorney

corporate counsel

only an incidental

relating to D& P

recipient. For other

B-6 Man Camp

parts, only reflects

dispute.

that consultation

[Redacted and

with attorney occurre

produced as

not the substance of

KBR-BARKOE005522]

the communication.

3

21

4/7/2004

E-mail sent to

Privileged and/or

corporate counsel

work product.

for purposes of

obtaining

legal advice about

EAMAR contract

termination.

3

22

7/6/2004

E-mail chain

Privileged and/or

seeking and

work product.

obtaining legal

advice about

corporate

registration in

Jordan and

discussing

scheduling

COBC training in

Jordan.

3

23

6/9/2004

E-mail chain

Not privileged or

seeking legal

protected. Only

advice from

reflects that

corporate counsel

consultation with

concerning EAMAR

attorney occurred,

employees in Iraq.

not the substance

[Redacted and

of the communication.

produced as

KBR-BARKO-036816]

3

24

5/3/2004

Redacted e-mail

Not privileged or

chain requesting

protected. For

legal advice from

some parts, attorney

corporate counsel

only an incidental

relating to D& P B-6

recipient. For other

Man Camp

parts, only reflects

dispute. [Redacted

that consultation

and produced as

with attorney occurre

KBR-BARKOE005747]

not the substance of

the communication.

3

25

5/3/2004

Redacted e-mail

Not privileged or

chain requesting

protected. For

legal advice from

some parts, attorney

corporate counsel

only an incidental

relating to D& P

recipient. For other

B-6 Man Camp

parts, only reflects

dispute.

that consultation

[Redacted and

with attorney occurre

produced as

not the substance of

KBR-BARKOE025227]

the communication.

3

26

4/7/2004

E-mail sent to

Not privileged or

corporate counsel

protected, except

discussing legal

for three sentences

advice from

in the first paragrap

corporate counsel

of the email on page

Chris Heinrich

the document from Lar

about EAMAR

Kosowski dated April

contract

2004. Of the five sen

termination.

in that paragraph, th

[Redacted and

first and last are no

produced as

privileged or protect

KBR-BARKO-E02533]

The middle three

sentences are privile

and therefore may be

redacted. Otherwise,

attorney is only an

incidental recipient.

3

27

5/8/2004

E-mail to corporate

Privileged and/or

counsel seeking

work product.

legal advice about

D& P B-6 Man Camp

dispute.

3

28

5/8/2004

E-mail to corporate

Privileged and/or

counsel seeking

work product.

legal advice about

D& P B-6 Man Camp

dispute.

3

29

5/8/2004

Draft notice

Privileged and/or

document related

work product.

to D& P B-6 Man Camp

dispute prepared by

George Covelli sent

to corporate

counsel Michael

Hatch for legal

review (attached

to #28 above).

3

30

5/6/2004

Draft notice

Privileged and/or

document

work product.

related to D& P B-6

Man Camp

dispute prepared by

George Covelli sent

to corporate counsel

Michael Hatch for

legal review

(attached to

#28 above).

3

31

7/6/2004

E-mail chain seeking

Privileged and/or

and obtaining legal

work product.

advice about

corporate

registration

in Jordan.

3

32

5/3/2004

Redacted e-mail

Not privileged or

chain requesting

protected. For some

legal advice from

parts, attorney only

corporate counsel

incidental recipient.

relating to D& P B-6

For other parts, only

Man Camp dispute.

reflects that consult

[Redacted and

with attorney occurre

produced as

not the substance of

KBR-BARKOE006496]

communication.

3

33

4/7/2004

Redacted e-mail

Redacted portion

chain seeking and

is privileged

obtaining legal advice

and/or work product.

from corporate counsel

related to EAMAR

contract termination.

[Redacted and produced

as KBR-BARKO-E025440]

3

35

8/6/2004

E-mail containing

Not privileged

document preservation

or protected.

directive from Andy

Litigation hold

Lane and corporate

notice not intended

counsel for all

to be confidential

activities under

and not attorney

LOGCAP III and

work product.

outside inquiries.

3

36

5/3/2004

Redacted e-mail chain

Not privileged or

requesting legal

protected. For some

advice from corporate

parts, attorney only

counsel relating to

incidental recipient.

D& P B-6 Man Camp

For other parts, only

dispute. [Redacted

reflects that consult

and produced as

with attorney occurre

KBR-BARKOE006876]

not the substance of

communication.

3

37

6/2/2004

Redacted e-mail

Not privileged

requesting and

or protected. Only

discussing legal

reflects that

advice from corporate

consultation with

counsel relating to

attorney occurred,

D& P B-6 Man Camp

not the substance

dispute. [Redacted

of the communication.

and produced as

KBRBARKO-E025960]

3

38

6/1/2004

Weekly report by

Privileged and/or

corporate counsel on

work product.

his investigations,

litigation preparation,

and contract issues.

3

44

7/4/2004

Redacted e-mail chain

Redacted portion

seeking legal advice

is privileged

from corporate counsel

and/or work product.

concerning EAMAR

employees in Iraq.

[Redacted and produced

as KBR-BARKO-E001500]

3

45

7/5/2004

Redacted e-mail chain

Redacted portion

seeking legal advice

is privileged

from corporate counsel

and/or work product.

concerning EAMAR

employees in Iraq.

[Redacted and produced

as KBRBARKO-E030965]

3

46

4/16/2004

E-mail chain seeking

Privileged and/or

and containing legal

work product.

advice from corporate

counsel concerning

corporate registration

in Jordan and D& P

sponsor-agent

relationship.

3

47

11/22/200

Statement provided to

Privileged and/or

KBR investigator as

work product.

part of Code of

Business Conduct

investigation conducted

at the direction of

corporate counsel.

3

48

5/8/2004

Duplicate of #28,

Privileged and/or

above.

work product.

3

49

5/8/2004

Duplicate of #29,

Privileged and/or

above.

work product.

3

49.1

5/6/2004

Duplicate of #30,

Privileged and/or

above.

work product.

3

50

5/25/2004

E-mail chain seeking

Privileged and/or

and receiving legal

work product.

advice from corporate

counsel concerning D& P

B-6 Man Camp dispute.

3

51

7/26/2004

Redacted e-mail chain

Redacted portion

containing legal

is privileged

advice from corporate

and/or work product.

counsel concerning

corporate registration

in Jordan and D& P

sponsor-agent

relationship.

[Redacted and

produced as

KBR-BARKO-E030970]

3

52

5/24/2004

E-mail chain seeking

Privileged and/or

and containing legal

work product.

advice from corporate

counsel concerning

corporate registration

in Jordan and D& P

sponsor-agent

relationship.

3

53

5/16/2004

E-mail to corporate

Privileged and/or

counsel seeking legal

work product.

advice about D& P B-6

Man Camp dispute.

3

54

5/16/2004

Draft notice document

Privileged and/or

related to D& P B-6 Man

work product.

Camp dispute prepared

by George Covelli sent

to corporate counsel

Michael Hatch for legal

review (attached to #53

above).

3

55

4/7/2004

E-mail seeking legal

Privileged and/or

advice from corporate

work product.

counsel concerning

EAMAR termination.

3

56

5/5/2004

Redacted e-mail chain

Not privileged or

requesting legal advice

protected. For

from corporate counsel

some parts, attorney

relating to D& P B-6 Man

only an incidental

Camp dispute.

recipient. For other

[Redacted and produced

parts, only reflects

as KBR-BARKOE008621]

that consultation

with attorney occurre

not the substance of

the communication.

3

57

1/19/2005

Redacted e-mail legal

Not privileged or

advice from corporate

protected. Only

counsel Michael Hatch

reflects that

relating to Heston and

consultation with

D& P water well

attorney occurred,

contracts. [Redacted

not the substance

and produced as

of the communication.

KBR-BARKOE017577]

3

58

8/19/2004

E-mail chain containing

Not privileged or

document preservation

protected. Only

directive from Andy Lane

reflects that

and corporate counsel

consultation with

for all activities under

attorney occurred,

LOGCAP III and outside

not the substance

inquiries.

of the communication.

3

60

5/29/2004

E-mail seeking legal

Privileged and/or

advice from corporate

work product.

counsel concerning D& P

B-6 Man Camp dispute.

3

61

5/8/2004

Draft D& P B-6 Man Camp

Privileged and/or

termination for

work product.

convenience letter

prepared by George

Covelli sent to

corporate counsel

Michael Hatch for legal

review (attached to #60

above).

3

62

5/3/2004

Redacted e-mail chain

Not privileged or

requesting legal advice

protected. For some

from corporate counsel

parts, attorney only

relating to D& P B-6 Man

incidental recipient.

Camp dispute. [Redacted

For other parts, only

and produced as

reflects that consult

KBR-BARKOE008905]

with attorney occurre

not the substance of

communication.

3

64

7/6/2004

E-mail chain seeking

Privileged and/or

and obtaining legal

work product.

advice about corporate

registration in Jordan

and discussing

scheduling COBC

training in Jordan.

3

65

4/19/2004

Duplicate of #7, above.

Redacted portion

[Redacted and produced

is privileged

as KBR-BARKO-E027482]

and/or work product.

3

66

4/19/2004

Duplicate of #7, above.

Redacted portion

[Redacted and produced

is privileged

as KBR-BARKO-E027508]

and/or work product.

3

70

5/4/2004

Redacted e-mail chain

Not privileged or

requesting legal advice

protected. For some p

from corporate counsel

attorney only an inci

relating to D& P B-6 Man

recipient. For other

Camp dispute.

only reflects that

[Redacted and produced

consultation with att

as KBR-BARKOE009645]

occurred, not the sub

of the communication.

3

72

5/3/2004

Redacted e-mail chain

Not privileged or

requesting legal

protected. For some p

advice from corporate

attorney only an inci

counsel relating to

recipient. For other

D& P B-6 Man Camp

only reflects that

dispute. [Redacted and

consultation with att

produced as

occurred, not the sub

KBR-BARKOE009701]

of the communication.

3

73

5/3/2004

Redacted e-mail chain

Redacted portion

seeking and obtaining

is privileged

legal advice from

and/or work product.

corporate counsel

related to EAMAR

contract termination.

[Redacted and

produced as

KBR-BARKO-E028011]

3

74

7/5/2004

Duplicate of #1, above.

Redacted portion

[Redacted and produced

is privileged

as KBR-BARKO-E009778]

and/or work product.

3

75

6/9/2004

Duplicate of #23, above.

Not privileged or

[Redacted and produced

protected. Only

as KBR-BARKO-E002416]

reflects that

consultation with

attorney occurred,

not the substance

of the communication.

3

76

5/25/2004

E-mail giving legal

Privileged and/or

advice from corporate

work product.

counsel concerning D& P

B-6 Man Camp dispute.

3

77

5/3/2004

Redacted e-mail chain

Not privileged or

requesting legal advice

protected. For some p

from corporate counsel

attorney only an inci

relating to D& P B-6 Man

recipient. For other

Camp dispute. [Redacted

only reflects that

and produced as

consultation with att

KBR-BARKOE-010087]

occurred, not the sub

of the communication.

3

78

6/9/2004

Duplicate of #23, above.

Not privileged or

[Redacted and produced

protected. Only

as KBR-BARKO-E028203]

reflects that

consultation with

attorney occurred,

not the substance

of the communication.

3

79

5/6/2004

Redacted e-mail to

Redacted portion

corporate counsel

is privileged

seeking legal advice

and/or work product.

relating to the EAMAR

contract termination.

[Redacted and produced

as KBR-BARKO-E028220]

3

80

5/3/2004

Redacted e-mail chain

Redacted portion

seeking and obtaining

is privileged

legal advice from

and/or work product.

corporate counsel

related to EAMAR

contract termination.

[Redacted and produced

as KBR-BARKO-E028223]

3

81

5/3/2004

Redacted e-mail chain

Redacted portion

seeking and obtaining

is privileged

legal advice from

and/or work product.

corporate counsel

related to EAMAR

contract termination.

[Redacted and produced

as KBR-BARKO-E028260]

3

82

5/2/2004

Redacted e-mail chain

Redacted portion

seeking and obtaining

is privileged

legal advice from

and/or work product.

corporate counsel

related to EAMAR

contract termination.

[Redacted and produced

as KBR-BARKO-E028263]

3

83

5/2/2004

Redacted e-mail chain

Redacted portion

seeking and obtaining

is privileged

legal advice from

and/or work product.

corporate counsel

related to EAMAR

contract termination.

[Redacted and produced

as KBR-BARKO-E028268.]

3

84

5/2/2004

Redacted e-mail chain

Redacted portion

seeking and obtaining

is privileged

legal advice from

and/or work product.

corporate counsel

related to EAMAR

contract termination.

[Redacted and produced

as KBR-BARKO-E028227]

3

85

5/2/2004

Redacted e-mail chain

Redacted portion

seeking and obtaining

is privileged

legal advice from

and/or work product.

corporate counsel

related to EAMAR

contract termination.

[Redacted and produced

as KBR-BARKO-E028229]

3

86

5/2/2004

Redacted e-mail chain

Redacted portion

seeking and obtaining

is privileged

legal advice from

and/or work product.

corporate counsel

related to EAMAR

contract termination.

[Redacted and produced

as KBR-BARKO-E028271]

3

87

5/2/2004

Duplicate of #83,

Redacted portion

above. [Redacted and

is privileged

produced as

and/or work product.

KBR-BARKO-E028273.]

3

88

5/1/2004

Redacted e-mail chain

Redacted portion

seeking and obtaining

is privileged

legal advice from

and/or work product.

corporate counsel

related to EAMAR

contract termination.

[Redacted and produced

as KBR-BARKO-E028277]

3

89

4/24/2004

E-mail sent to

Not privileged or

corporate

protected. Attorney

counsel discussing

only an incidental

legal

recipient.

advice from the

corporate

counsel about

payments to

EAMAR.

3

90

4/21/2004

Redacted e-mail

Redacted portion

seeking legal advice

is privileged

from corporate

and/or work product.

counsel related to

EAMAR contract

termination.

[Redacted and produced

as KBR-BARKO-E028282]

3

91

4/19/2004

Redacted e-mail chain

Redacted portion

seeking and containing

is privileged

legal advice from

and/or work product.

corporate counsel

related to EAMAR

contract termination.

[Redacted and produced

as KBR-BARKO-E028286]

3

92

4/19/2004

Duplicate of #7, above.

Redacted portion

[Redacted and produced

is privileged

as KBR-BARKO-E028289]

and/or work product.

3

93

4/19/2004

Duplicate of #9, above.

Redacted portion

[Redacted and produced

is privileged

as KBR-BARKO-E028295]

and/or work product.

3

94

4/7/2004

Duplicate of #21, above.

Redacted portion

is privileged

and/or work product.

3

95

4/10/2004

E-mail chain seeking

Privileged and/or

and obtaining legal

work product.

advice from corporate

counsel concerning

corporate registration

in Jordan and D& P

sponsor-agent

relationship.

3

96

5/25/2004

E-mail chain giving

Privileged and/or

legal advice from

work product.

corporate counsel

concerning D& P B-6

Man Camp dispute.

3

97

5/25/2004

E-mail chain seeking

Privileged and/or

and receiving legal

work product.

advice from corporate

counsel concerning D& P

B-6 Man Camp dispute.

3

98

Summary of cure notice

Privileged and/or

review by corporate

work product.

counsel Michael Hatch

containing legal advice

about D& P B-6 Man Camp

dispute.

3

99

4/26/2004

E-mail chain seeking

Privileged and/or

and obtaining legal

work product.

advice from corporate

counsel Chris Heinrich

and Michael Hatch

concerning corporate

registration in Jordan

and D& P sponsor-agent

relationship.

3

100

5/23/2004

Draft stop-work order

Privileged and/or

related to D& P B-6 Man

work product.

Camp dispute prepared

by George Covelli sent

to Michael Hatch for

legal review (attached

to KBR-BARKO-036809).

3

101

11/22/200

Duplicate of #47,

Privileged

above.

and/or work product.

3

102

5/8/2004

Duplicate of #28 above.

Privileged and/or

work product.

3

103

5/8/2004

Duplicate of #29, above.

Privileged and/or

work product.

3

104

11/24/200

E-mail among counsel

Privileged and/or

and KBR investigator

work product.

acting at direction of

counsel in response to

Code of Business Conduct

hotline reports and

status of internal

investigation as

directed.

3

105

8/19/2004

Duplicate of #58, above.

Not privileged

or protected.

Litigation hold

notice not intended

to be confidential

and not attorney

work product.

3

106

8/2/2004

E-mail containing

Not privileged

document preservation

or protected.

directive from

Litigation hold

corporate counsel for

notice not intended

all activities under

to be confidential

LOGCAP III and

and not attorney

outside inquiries.

work product.

Duplicate of #19,

above.

3

107

5/24/2004

E-mail chain seeking

Privileged and/or

and containing legal

work product.

advice from corporate

counsel concerning

corporate registration

in Jordan and D& P

sponsor-agent

relationship.

3

108

6/11/2004

E-mail chain seeking

Privileged and/or

and obtaining legal

work product.

advice from corporate

counsel Chris Heinrich

and Michael Hatch

concerning corporate

registration in Jordan

and D& P sponsor-agent

relationship.

3

109

5/3/2004

Redacted e-mail chain

Redacted portion

seeking and obtaining

is privileged

legal advice from

and/or work product.

corporate counsel

related to EAMAR

contract termination.

[Redacted and produced

as KBR-BARKO-E029184]

3

110

4/7/2004

E-mail seeking and

Privileged and/or

obtaining legal advice

work product.

from corporate counsel

concerning EAMAR

termination.

3

111

5/16/2004

Duplicate of #53, above.

Privileged and/or

work product.

3

112

5/16/2004

Duplicate of #54, above.

Privileged and/or

work product.

3

113

8/1/2004

E-mail chain containing

Not privileged or

document preservation

protected. Litigation

directive from Randy

hold notice not

Harl and corporate

intended to be

counsel for all

confidential and

activities under LOGCAP

not attorney

III and outside

work product.

inquiries.

3

114

8/19/2004

E-mail containing

Not privileged

document preservation

or protected.

directive from Andy

Litigation hold

Lane and corporate

notice not intended

counsel for all

to be confidential

activities under

and not attorney

LOGCAP III and outside

work product.

inquiries, including

additional instructions

from Chris Heinrich.

3

115

8/2/2004

E-mail chain containing

Not privileged

document preservation

or protected.

directive from Randy

Litigation hold notic

Harl and corporate

not intended to be

counsel for all

confidential and not

activities under LOGCAP

attorney work product

III and outside

inquiries.

3

116

5/13/2004

E-mail containing

Not privileged

document reservation

or protected.

directive from Randy

Litigation hold

Harl and corporate

notice not intended

counsel for all

to be confidential

activities under LOGCAP

and not attorney

III and outside

work product.

inquiries.

3

117

9/14/2004

E-mail containing

Not privileged

document preservation

or protected.

directive from Andy

Litigation hold

Lane and corporate

notice not intended

counsel for all

to be confidential

activities under LOGCAP

and not attorney

III and outside

work product.

inquiries.

3

118

3/18/2005

E-mail to corporate

Privileged and/or

counsel seeking legal

work product.

advice related to D& P

B-6 Man Camp

termination.

3

119

Memo sent to corporate

Privileged and/or

counsel for the purpose

work product.

of obtaining legal

advice regarding

potential partial

termination for default

of D& P on B6 Man Camp

(attached to #118

above).

3

120

4/9/2004

E-mail chain seeking

Privileged and/or

and obtaining legal

work product.

advice from corporate

counsel Chris Heinrich

and Michael Hatch

concerning corporate

registration in Jordan

and D& P sponsor-agent

relationship.

3

121

4/7/2004

E-mail sent to

Not privileged or

corporate counsel

protected, except

discussing legal advice

for three sentences in

from corporate counsel

the first paragraph of

Chris Heinrich about

the email on page 1 of

EAMAR contract

the document from Larry

termination. [Redacted

Kosowski dated April 7,

and produced as

2004. Of the five

KBR-BARKO-036842]

sentences in that

paragraph, the

first and last are not

privileged or protected

The middle three

sentences are

privileged and therefor

may be redacted.

Otherwise, attorney is

only an incidental

recipient.

3

122

4/12/2004

E-mail chain seeking

Privileged and/or

and obtaining legal

work product.

advice from corporate

counsel Chris Heinrich

and Michael Hatch

concerning corporate

registration in Jordan

and D& P sponsor-agent

relationship.

3

123

5/25/2004

Duplicate of #50 above.

Privileged and/or

work product.

3

124

4/10/2004

E-mail chain seeking

Privileged and/or

and obtaining legal

work product.

advice from corporate

counsel Chris Heinrich

and Michael Hatch

concerning corporate

registration in Jordan

and D& P sponsor-agent

relationship.

3

125

Duplicate of #98 above.

Privileged and/or

work product.

3

126

7/22/2004

Redacted e-mail chain

Redacted portion

seeking and obtaining

is privileged

legal advice from

and/or work product.

corporate counsel

relating to

subcontractor dispute

with EAMAR and Drilco.

[Redacted and produced

as KBR-BARKO-E029895]

3

127

6/10/2004

E-mail chain seeking

Privileged and/or

and obtaining legal

work product.

advice from corporate

counsel Chris Heinrich

and Michael Hatch

concerning corporate

registration in Kuwait

and Jordan and D& P

sponsor-agent

relationship.

3

128

6/5/2004

E-mail chain seeking

Privileged and/or

and receiving legal

work product.

advice from corporate

counsel concerning

corporate registration

in Jordan, D& P

sponsor-agent

relationship, and

D& P B-6 Man Camp

dispute.

3

129

7/26/2004

Redacted e-mail

Redacted portion

providing legal

is privileged

advice from corporate

and/or work product.

counsel concerning

corporate registration

in Jordan and D& P

sponsor-agent

relationship.

[Redacted and produced

as KBR-BARKO-E030982]

3

130

4/9/2004

E-mail seeking legal

Privileged and/or

advice from corporate

work product.

counsel Chris Heinrich

and Michael Hatch

concerning corporate

registration in Jordan

and D& P sponsor-agent

relationship.

3

131

4/19/2004

E-mail chain seeking

Privileged and/or

and obtaining legal

work product.

advice from corporate

counsel Chris Heinrich

and Michael Hatch

concerning corporate

registration in Jordan

and D& P sponsor-agent

relationship.

3

132

5/25/2004

Duplicate of #3,

Privileged and/or

above.

work product.

3

133

2/11/2005

Redacted e-mail

Not privileged or

containing legal

protected. Only

advice from corporate

reflects that

counsel relating to

consultation with

Heston and D& P water

attorney occurred,

well contracts.

not the substance

[Redacted and produced

of the communication.

as KBR-BARKO-E032911]

3

134

9/17/2004

Weekly report by

Privileged and/or

corporate counsel on

work product.

his investigations,

litigation preparation,

and contract issues.

3

135

4/8/2005

Weekly report by

Privileged and/or

corporate counsel on

work product.

his investigations,

litigation

preparation, and

contract issues.

3

136

4/15/2005

Weekly report by

Privileged and/or

corporate counsel on

work product.

his investigations,

litigation preparation,

and contract issues.

3

137

4/16/2004

Weekly report by

Privileged and/or

corporate counsel on

work product.

his investigations,

litigation preparation,

and contract issues.

3

138

4/22/2005

Weekly report by

Privileged and/or

corporate counsel on

work product.

his investigations,

litigation preparation,

and contract issues.

3

139

4/23/2004

Weekly report by

Privileged and/or

corporate counsel on

work product.

his investigations,

litigation preparation,

and contract issues.

3

140

4/29/2005

Weekly report by

Privileged and/or

corporate counsel on

work product.

his investigations,

litigation preparation,

and contract issues.

3

141

4/30/2004

Weekly report by

Privileged and/or

corporate counsel on

work product.

his investigations,

litigation preparation,

and contract issues.

3

142

8/6/2004

Weekly report by

Privileged and/or

corporate counsel on

work product.

his investigations,

litigation preparation,

and contract issues.

3

143

8/12/2005

Weekly report by

Privileged and/or

corporate counsel on

work product.

his investigations,

litigation preparation,

and contract issues.

3

144

8/13/2004

Weekly report by

Privileged and/or

corporate counsel on

work product.

his investigations,

litigation preparation,

and contract issues.

3

145

8/27/2004

Weekly report by

Privileged and/or

corporate counsel on

work product.

his investigations,

litigation preparation,

and contract issues.

3

146

12/15/200

Weekly report by

Privileged and/or

corporate counsel on

work product.

his investigations,

litigation preparation,

and contract issues.

3

147

2/4/2005

Weekly report by

Privileged and/or

corporate counsel on

work product.

his investigations,

litigation preparation,

and contract issues.

3

148

2/11/2005

Weekly report by

Privileged and/or

corporate counsel on

work product.

his investigations,

litigation preparation,

and contract issues.

3

149

2/18/2005

Weekly report by

Privileged and/or

corporate counsel on

work product.

his investigations,

litigation preparation,

and contract issues.

3

150

2/28/2005

Weekly report by

Privileged and/or

corporate counsel on

work product.

his investigations,

litigation preparation,

and contract issues.

3

151

1/14/2005

Weekly report by

Privileged and/or

corporate counsel on

work product.

his investigations,

litigation preparation,

and contract issues.

3

152

1/21/2005

Weekly report by

Privileged and/or

corporate counsel on

work product.

his investigations,

litigation preparation,

and contract issues.

3

153

1/28/2005

Weekly report by

Privileged and/or

corporate counsel on

work product.

his investigations,

litigation preparation,

and contract issues.

3

154

7/1/2005

Weekly report by

Privileged and/or

corporate counsel on

work product.

his investigations,

litigation preparation,

and contract issues.

3

155

7/8/2005

Weekly report by

Privileged and/or

corporate counsel on

work product.

his investigations,

litigation preparation,

and contract issues.

3

156

7/9/2004

Weekly report by

Privileged and/or

corporate counsel on

work product.

his investigations,

litigation preparation,

and contract issues.

3

157

7/16/2004

Weekly report by

Privileged and/or

corporate counsel on

work product.

his investigations,

litigation preparation,

and contract issues.

3

158

7/23/2004

Weekly report by

Privileged and/or

corporate counsel on

work product.

his investigations,

litigation preparation,

and contract issues.

3

159

7/30/2004

Weekly report by

Privileged and/or

corporate counsel on

work product.

his investigations,

litigation preparation,

and contract issues.

3

160

6/3/2005

Weekly report by

Privileged and/or

corporate counsel on

work product.

his investigations,

litigation preparation,

and contract issues.

3

161

6/4/2004

Weekly report by

Privileged and/or

corporate counsel on

work product.

his investigations,

litigation preparation,

and contract issues.

3

162

6/10/2005

Weekly report by

Privileged and/or

corporate counsel on

work product.

his investigations,

litigation preparation,

and contract issues.

3

163

6/11/2004

Weekly report by

Privileged and/or

corporate counsel on

work product.

his investigations,

litigation preparation,

and contract issues.

3

164

6/17/2005

Weekly report by

Privileged and/or

corporate counsel on

work product.

his investigations,

litigation preparation,

and contract issues.

3

165

6/17/2004

Weekly report by

Privileged and/or

corporate counsel on

work product.

his investigations,

litigation preparation,

and contract issues.

3

166

6/24/2005

Weekly report by

Privileged and/or

corporate counsel on

work product.

his investigations,

litigation preparation,

and contract issues.

3

167

3/4/2005

Weekly report by

Privileged and/or

corporate counsel on

work product.

his investigations,

litigation preparation,

and contract issues.

3

168

3/11/2005

Weekly report by

Privileged and/or

corporate counsel on

work product.

his investigations,

litigation preparation,

and contract issues.

3

169

3/18/2005

Weekly report by

Privileged and/or

corporate counsel on

work product.

his investigations,

litigation preparation,

and contract issues.

3

170

3/25/2005

Weekly report by

Privileged and/or

corporate counsel on

work product.

his investigations,

litigation preparation,

and contract issues.

3

171

5/6/2005

Weekly report by

Privileged and/or

corporate counsel on

work product.

his investigations,

litigation preparation,

and contract issues.

3

172

5/7/2004

Weekly report by

Privileged and/or

corporate counsel on

work product.

his investigations,

litigation preparation,

and contract issues.

3

173

5/13/2005

Weekly report by

Privileged and/or

corporate counsel on

work product.

his investigations,

litigation preparation,

and contract issues.

3

174

5/14/2004

Weekly report by

Privileged and/or

corporate counsel on

work product.

his investigations,

litigation preparation,

and contract issues.

3

175

5/20/2005

Weekly report by

Privileged and/or

corporate counsel on

work product.

his investigations,

litigation preparation,

and contract issues.

3

176

5/21/2004

Weekly report by

Privileged and/or

corporate counsel on

work product.

his investigations,

litigation preparation,

and contract issues.

3

177

5/27/2005

Weekly report by

Privileged and/or

corporate counsel on

work product.

his investigations,

litigation preparation,

and contract issues.

3

178

5/28/2004

Weekly report by

Privileged and/or

corporate counsel on

work product.

his investigations,

litigation preparation,

and contract issues.

3

179

11/12/200

Weekly report by

Privileged and/or

corporate counsel on

work product.

his investigations,

litigation preparation,

and contract issues.

3

180

1/2004

Weekly report by

Privileged and/or

corporate counsel on

work product.

his investigations,

litigation preparation,

and contract issues.

3

181

10/1/2004

Weekly report by

Privileged and/or

corporate counsel on

work product.

his investigations,

litigation preparation,

and contract issues.

3

182

10/15/200

Weekly report by

Privileged and/or

corporate counsel on

work product.

his investigations,

litigation preparation,

and contract issues.

3

183

10/31/200

Weekly report by

Privileged and/or

corporate counsel on

work product.

his investigations,

litigation preparation,

and contract issues.

3

184

3/29/2004

E-mail seeking and

Redacted portion

obtaining legal advice

is privileged

from corporate counsel

and/or work product.

concerning EAMAR

termination. [Redacted

and produced as

KBR-BARKO-036848]

3

185

4/17/2004

Redacted e-mail seeking

Redacted portion

and obtaining legal

is privileged

advice from corporate

and/or work product.

counsel concerning

corporate registration

in Jordan and D& P

sponsor-agent

relationship. [Redacted

and produced as

KBR-BARKO-E030985]

3

186

6/27/2006

E-mail from security

Privileged and/or

investigator acting at

work product.

direction and under

supervision of counsel

to KBR employee to a KBR

employee concerning

internal investigation

conducted at the

direction of corporate

counsel and forwarding

a draft statement for

the employee.

3

187

6/7/2006

Draft statement from

Privileged and/or

security investigator

work product.

acting at direction and

under supervision of

counsel to employee

(attached to #284

above).

3

188

7/16/2004

Weekly report by

Privileged and/or

corporate counsel on

work product.

his investigations,

litigation preparation,

and contract issues.

3

189

5/29/2004

E-mail seeking legal

Privileged and/or

advice from corporate

work product.

counsel concerning D& P

B-6 Man Camp dispute.

3

190

5/28/2004

Draft termination for

Privileged and/or

convenience related to

work product.

D& P B-6 Man Camp

dispute prepared by

George Covelli sent to

corporate counsel

Michael Hatch for

legal review.

3

191

7/15/2004

Redacted e-mail chain

Redacted portion

containing legal advice

is privileged

from corporate counsel

and/or work product.

concerning corporate

registration in Jordan

and D& P sponsor-agent

relationship. [Redacted

and produced as

KBR-BARKO-E031008]

3

192

3/18/2005

Duplicate of #118,

Privileged and/or

above.

work product.

3

193

Memo from Clif Taylor

Privileged and/or

to Michael Hatch

work product.

describing

partial termination

for default of D& P on

B6 Man Camp attached

to e-mail to counsel.

3

194

5/25/2004

Duplicate of #97,

Privileged and/or

above.

work product.

3

195

Duplicate of #98

Privileged and/or

above.

work product.

3

196

3/29/2004

E-mail chain concerning

Redacted portion

investigation and

is privileged

seeking legal advice

and/or work product.

from corporate counsel

concerning EAMAR

termination. [Redacted

and produced as

KBR-BARKO-36852]

3

197

4/21/2004

Redacted e-mail seeking

Redacted portion

legal advice from

is privileged

corporate counsel

and/or work product.

related to EAMAR

contract termination.

[Redacted and produced

as KBR-BARKO-E030596.]

3

198

4/12/2004

E-mail chain seeking

Privileged and/or

and obtaining legal

work product.

advice from corporate

counsel Chris Heinrich

and Michael Hatch

concerning corporate

registration in Jordan

and D& P sponsor-agent

relationship.

3

201

6/5/2004

E-mail chain seeking

Privileged and/or

and receiving legal

work product.

advice from corporate

counsel concerning

corporate registration

in Jordan, D& P

sponsor-agent

relationship, and

D& P B-6 Man Camp

dispute.

3

202

5/25/2004

E-mail chain involving

Privileged and/or

Michael Hatch offering

work product.

legal advice relating

to D& P subcontract

dispute. Duplicate of

#97, above.

3

203

4/13/2004

E-mail chain between

Privileged and/or

corporate counsel

work product.

concerning corporate

registration in Jordan.

3

204

4/1/2004

E-mail chain seeking

Privileged and/or

and containing legal

work product.

advice from corporate

counsel concerning

corporate registration

in Jordan and D& P

sponsor-agent

relationship.

3

205

2/28/2005

Redacted e-mail from

Redacted portion

corporate counsel

is privileged

providing legal

and/or work product.

advice concerning

EAMAR contract

termination.

[Redacted and produced

as KBR-BARKOE-051571]

3

206

4/19/2004

Duplicate of #8, above.

Redacted portion

[Redacted and produced

is privileged

as KBR-BARKO-E052342]

and/or work product.

3

207

4/19/2004

Duplicate of #7, above.

Redacted portion

[Redacted and produced

is privileged

as KBR-BARKO-E053570]

and/or work product.

3

208

4/19/2004

Redacted e-mail chain

Redacted portion

to and from corporate

is privileged

counsel providing legal

and/or work product.

advice concerning EAMAR

contract termination.

Duplicate of #9,

above.[Redacted and

produced as

KBR-BARKO-E056165]

3

209

6/2/2004

Redacted e-mail chain

Not privileged or

seeking legal advice

protected. Only

from corporate counsel

reflects that

concerning D& P B-6 Man

consultation with

Camp dispute.

attorney occurred,

[Redacted and produced

not the substance

as KBRBARKO-E048069]

of the communication.

3

210

5/24/2004

E-mail chain seeking

Privileged and/or

and containing legal

work product.

advice from corporate

counsel concerning

corporate registration

in Jordan and D& P

sponsor-agent

relationship.


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