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Evidence Keyed to Park
Upjohn Co. v. United States
Citation:449 U.S. 383 (1981)
CaseCast™ – "What you need to know"
In January 1976 independent accountants conducting an audit of one of petitioner’s foreign subsidiaries discovered that the subsidiary made payments to or for the benefit of foreign government officials to secure government business. The accountants so informed Mr. Gerard Thomas, petitioner’s Vice President, Secretary and General Counsel. He consulted with outside counsel. On March 26, 1976, the company voluntarily submitted a preliminary report to the Securities and Exchange Commission and the Internal Revenue Service on Form 8-K disclosing certain questionable payments. Special agents conducting the investigation were given lists by Upjohn of all those interviewed. The Service issued a summons demanding production of certain files. The company declined to produce the documents on the grounds that they were protected from disclosure by the attorney-client privilege.
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