Fed Court Applies U.S. Privilege To An Internal VW Investigation

U.S. lawyers from Jones Day had conducted an internal investigation for Volkswagen as part of their representation of the company in its dealings with U.S. authorities, following the emissions scandal. Plaintiffs in a lawsuit in Germany wanted to see the documents, and they filed a request through 28 U.S. Code § 1782 (“Assistance to foreign and international tribunals and to litigants before such tribunals”). Todd Presnell looks at how the Southern District of New York applied the so-called “touch-base” test in what was essentially a qualified denial of the application.