A federal appeals court will not force the former general counsel of an unidentified company to testify before a grand jury, rejecting the U.S. Department of Justice’s position that the company earlier had waived any claim to keep information secret by allowing the lawyer to speak with prosecutors.

Federal prosecutors in Virginia first spoke with the lawyer as part of an ongoing criminal investigation. The name of the lawyer, identity of the company and substance of the criminal investigation are shielded in the court case, which is under seal.