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Delaware Supreme Court Rules That Privileged Documents Must Be Produced To Shareholders Investigating Corporate Misconduct

The Delaware Supreme Court recently held that, in certain circumstances, shareholders may be able to obtain access to privileged, internal documents in order to investigate potential breaches of fiduciary duty. In Wal-Mart...more

Bill on Bankruptcy: ResCap Report, a Bargain at $83 Million [Video]

April 10 (Bloomberg Law) -- Why the Residential Capital LLC examiner's report will cost almost $83 million is the first item on the new Bloomberg bankruptcy video with Bloomberg Law's Lee Pacchia and Bloomberg News bankruptcy...more

Legal Alert: Federal Court Finds That SEC Attorneys’ Interview Notes and Memories Are Not Protected by the Work Product Doctrine

In a highly unusual decision that the Securities and Exchange Commission (SEC) says “ignores 65 years of precedent,” a federal judge has held that the memories of SEC attorneys and information from their interview notes are...more

Decline in Securities Class Action Filings in 2012: What It Doesn’t Mean

For most readers of this blog, it is now old news that securities class action filings were down in 2012, especially in the second half of the year – this was extensively discussed and examined over the last several weeks by...more

Attorney-Client Privilege and Internal Investigations

Two cases illustrate some of the problems with the use of outside counsel for internal investigations. The possibility that a conflict of interest could arise when an attorney or law firm simultaneously represents an...more

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