Ethics

The NYT story is here.  After Dan Rather reported on George W. Bush's military service, and the report was shown to be based on forged documents, CBS convened an investigatory panel which in turn hired a law firm -- K&L Gates.  Apparently the communications between the panel and K&L Gates were held not to be privileged and will be produced to Rather. Does anyone know the basis for the decision?  These sorts of investigations, with law firms doing much of the investigating, have been an explosive growth area since at least the Enron implosion, and the legal issues surrounding privilege are important to follow.