FTC v. Boehringer Ingelheim Pharmaceuticals, Inc., No. 16-5356 (D.C. Cir. 2018)Annotate this Case
The DC Circuit affirmed the district court's judgment that certain documents subpoenaed by the FTC were covered by the attorney-client privilege. The court held that obtaining or providing legal advice was one of the significant purposes of the communications at issue. In this case, the relevant communications consisted primarily of the transmission of factual information from Boehringer's employees to the general counsel, at the general counsel's request, for the purpose of assisting the general counsel in formulating her legal advice regarding a possible settlement. Other communications were between the general counsel and the corporation's executives regarding the settlement. Therefore, all of the communications were protected by the attorney-client privilege.