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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.

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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

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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 ...


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