News & Analysis as of

Board of Directors Attorney-Client Privilege

Society of Corporate Compliance and Ethics...

[Virtual Event] Fundamentals of Compliance Investigations - December 16th - 17th, 8:00 am - 5:00 pm CT

Handle investigations with confidence - Effective compliance programs rely on effective investigators to follow up on reports and identify potential gaps that need attention. If you are a new or future investigator or are...more

Robins Kaplan LLP

Do We Have to Share That Information? Attorney-Client Privilege in the Multi-Entity Context

Robins Kaplan LLP on

A bedrock feature of the attorney-client relationship is the privilege protecting legal-advice communications from prying eyes. Confidential communications between a client and her lawyer are protected to a degree not found...more

Society of Corporate Compliance and Ethics...

[Virtual Event] Fundamentals of Compliance Investigations - May 1st - 2nd, 10:00 am - 2:00 pm CT

Handle investigations with confidence - Effective compliance programs rely on effective investigators to follow up on reports and identify potential gaps that need attention. If you are a new or future investigator or are...more

International Lawyers Network

Bankruptcy, Insolvency & Rehabilitation Proceedings in Australia (Updated)

This guide offers an overview of legal aspects of bankruptcy, insolvency, and rehabilitation in the requisite jurisdictions. It is meant as an introduction to these marketplaces and does not offer specific legal advice....more

Society of Corporate Compliance and Ethics...

[Virtual Event] Fundamentals of Compliance Investigations - November 28th - 29th, 10:00 am - 2:00 pm CT

Gain the tools you need to lead investigations with confidence! Get guidance from experienced practitioners on the core principles of conducting effective compliance investigations. You’ll receive comprehensive instructions...more

Society of Corporate Compliance and Ethics...

[Virtual Event] Fundamentals of Compliance Investigations - September 7th - 8th, 1:00 pm - 5:00 pm CET

Handle investigations with confidence - Learn the core principles of conducting effective compliance investigations including gathering evidence, documentation, conducting interviews, and reporting results....more

Morris James LLP

Chancery Addresses When Third Parties Are Within the Scope of the Privilege

Morris James LLP on

Police and Fire Ret. Sys. of the City of Detroit v. Musk, C.A. No. 2020-0477-KSJM (Del. Ch. January 31, 2023) - A communication is privileged under Delaware Rule of Evidence 502(b) if it is confidential and "made for the...more

Allen Matkins

California And Vice Chancellor Laster Are 180˚  Apart On The "Circle Of Confidentiality"

Allen Matkins on

In Hyde Park Venture Partners Fund III, L.P. v. FairXchange, LLC,  2023 WL 2417273 (Del. Ch. Mar. 9, 2023), Vice Chancellor J. Travis Laster ruled that two investment funds were within the "circle of confidentiality" that...more

Troutman Pepper

Preserving the Corporate Attorney-Client Privilege as Against Investors

Troutman Pepper on

In Hyde Park Venture Partners Fund III, L.P. v. FairXchange, LLC, the Delaware Court of Chancery provided a valuable reminder to corporations and their directors and officers that a corporation cannot assert a privilege, such...more

Society of Corporate Compliance and Ethics...

[Virtual Event] Fundamentals of Compliance Investigations - June 1st - 2nd, 8:55 am - 1:00 pm SGT

Handle investigations with confidence - We’ve renamed our highly effective workshop, Conducting Compliance Investigations, to better reflect the content. The agenda remains focused on guiding you through the core...more

Society of Corporate Compliance and Ethics...

[Virtual Event] Fundamentals of Compliance Investigations - April 13th - 14th, 10:00 am - 2:00 pm CT

Handle investigations with confidence - We’ve renamed our highly effective workshop, Conducting Compliance Investigations, to better reflect the content. The agenda remains focused on guiding you through the core...more

International Lawyers Network

Bankruptcy, Insolvency & Rehabilitation Proceedings in Australia (Updated)

This guide offers an overview of legal aspects of bankruptcy, insolvency, and rehabilitation in the requisite jurisdictions. It is meant as an introduction to these marketplaces and does not offer specific legal advice....more

Paul Hastings LLP

[Webinar] Recent Trends in the U.S. Department of Justice’s International Criminal Investigations - September 8th, 9:00 am - 10:00...

Paul Hastings LLP on

Discussion with two former senior prosecutors on how to handle cases involving Japanese multinational corporations - It is not unusual for the U.S. Department of Justice to investigate non-U.S. multinational corporations...more

BCLP

A few lessons for internal and outside counsel from the WorldCom collapse - 20 years later

BCLP on

It has now been 20 years since the historic collapse of WorldCom, Inc. (“WorldCom” or the “Company”). A review of the WorldCom collapse yields some continuing lessons for corporate counsel....more

Society of Corporate Compliance and Ethics...

[Virtual Event] Conducting Compliance Investigations - September 27th - 28th, 10:00 am - 2:05 pm CDT

Want to become a better investigator? Learn the core principles of conducting effective compliance investigations so that you're prepared next time you are called upon. Receive detailed and valuable information from...more

Allen Matkins

Are Directors Joint Clients?

Allen Matkins on

In a ruling this week, Vice Chancellor Lori Will addressed whether one-half of an evenly divided board could gain access  privileged communications between the corporation and its long-time outside counsel.  In re Aerojet...more

Morris James LLP

Chancery Denies Motion to Compel Director’s Privileged Communications Stored on Third-Party’s Email Server

Morris James LLP on

In Re Dell Technologies Inc Class V Stockholders Litigation, Consol. C.A. No. 2018-0816-JTL (Del. Ch. Sept. 17, 2021) (TRANSCRIPT) - A director utilizing an email account associated with a different company for board...more

Goodwin

Delaware Court of Chancery Finds that Director’s Email on Outside Email System Remains Confidential

Goodwin on

Delaware Court of Chancery Finds that Director’s Email on Outside Email System Remains Confidential; Delaware Supreme Court Overrules Longstanding Precedent Regarding Derivative Versus Direct Standing; SEC Files Crowdfunding...more

BCLP

Risky Business: Recording Board Meetings

BCLP on

With the Delta variant surge, many companies have delayed plans for a return to in-person board and committee meetings. The go-to alternative, in many cases, will be a return to video conferences, which worked well in the...more

Goodwin

Former Theranos CEO Denied Attorney-Client Privilege Over Communications with Company Attorneys

Goodwin on

Former Theranos CEO Denied Attorney-Client Privilege Over Communications with Company Attorneys; District of Massachusetts Allows Putative Securities Class Action to Proceed Against OvaScience Investors; Delaware Chancery...more

Society of Corporate Compliance and Ethics...

[Virtual Event] Essentials of Compliance Investigations Conference - May 20th - 21st, 8:00 am - 12:05 pm CDT

Learn the core principles of conducting effective compliance investigations so that you're prepared next time you are called upon. Receive detailed and valuable information from experienced investigators: Meric Bloch and...more

Skadden, Arps, Slate, Meagher & Flom LLP

The Informed Board - Spring 2021

What questions do prospective SPAC directors need to ask? What are the 10 most common misconceptions regarding attorney-client privilege? The Informed Board aims to provide insights into the key issues directors face...more

Skadden, Arps, Slate, Meagher & Flom LLP

Just Between You and Us

The 10 most common client misconceptions about the attorney-client privilege - Protecting corporate confidences has become more challenging in the COVID-19 world, as directors and executives work from home and other...more

Goodwin

Conducting Internal Investigations: In-House Counsel’s Guide

Goodwin on

Whether you are a director, or a member of an in-house legal, human resources, or internal audit team, there are sensitive scenarios that occur daily in companies and charitable organizations across industries that trigger...more

BCLP

Court ruling highlights confidentiality risks for non-employee directors who use outside email addresses

BCLP on

A recent decision by the Delaware Court of Chancery highlights risks for outside directors in using third-party email systems when communicating about confidential company matters. In that case, the court ruled that...more

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