TBA Law Blog


Posted by: Julia Wilburn on Aug 20, 2025

The U.S. 6th Circuit Court of Appeals has ruled that internal investigations conducted by Jones Day and Squire Patton Boggs for FirstEnergy Corp. are likely shielded from disclosure under attorney-client privilege and the work-product doctrine. The ruling stayed a lower court order requiring disclosure in a shareholder lawsuit, citing the Supreme Court’s Upjohn decision, which protects internal legal investigations. The appeals court emphasized that privilege applies regardless of whether advice is later used for business purposes while the work-product doctrine covers materials prepared amid extensive legal and regulatory actions. The decision follows FirstEnergy’s involvement in a bribery scandal tied to the former Ohio state House speaker and a $230 million settlement with the U.S. Department of Justice in 2021. The ABA Journal has the story.