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Shell’s Report On Foreign Corrupt Practices Act Violation Privileged: Texas High Court

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Screen Shot 2015-05-18 at 14.44.21By Jess Davis

Law360, Dallas (May 15, 2015, 7:02 PM ET) — The Texas Supreme Court on Friday held that a report Shell Oil Co. made to the U.S. Department of Justice about a possible Foreign Corrupt Practices Act violation is absolutely privileged and cannot be the basis for an employee’s defamation claim.

Siding with Shell and reversing a Houston appellate court, the high court held that the company’s internal investigation report is entitled to an absolute privilege, not merely a qualified privilege, in light of the DOJ’s possible criminal prosecution of the company. The court said factors…

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