by Lori A. Martin, Christopher Davies, Jaclyn Moyer, Harry J. Weiss, and Joseph J. Yu

A mandamus petition is an extraordinary remedy that seeks to compel a lower court to take action in extraordinary cases. The U. S. Court of Appeals for the District of Columbia Circuit has twice granted mandamus petitions vacating district court orders compelling disclosure of documents generated during an internal investigation. On May 1, 2020, however, the D.C. Circuit denied a mandamus petition by RPM International Inc. (RPM) and declined to provide additional guidance on the applicability of the attorney client and work product privileges when sharing information with auditors. RPM had asked the Appeals Court to vacate a district court order requiring RPM to produce unredacted interview memoranda that RPM’s counsel prepared during an internal investigation. [1] The provision of information learned in internal investigations to company auditors during regulatory investigations is a recurring fact pattern.  Continue reading →