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Directors Attorney-Client Privilege

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

ArentFox Schiff

Attorney-Client Privilege Issues: Three Ways Companies Can Shield Privileged Communications From Their Directors

ArentFox Schiff on

Directors owe fiduciary duties to the company. To make informed decisions and satisfy those fiduciary duties, directors generally have broad access to the company’s books and records, with a few exceptions. A corporate...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

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

Skadden, Arps, Slate, Meagher & Flom LLP

COVID-19: How To Prepare for Potential Future Disputes

Pandemic-Related Uncertainty Means Business Decisions Will Be Highly Scrutinized - As the COVID-19 pandemic continues to develop, guiding a business through this time of immense crisis means making decisions that gravely...more

Skadden, Arps, Slate, Meagher & Flom LLP

Insights: The Delaware Edition - November 2019

This issue focuses on important, developing areas of Delaware corporation law and deal litigation, including recent trends in Delaware corporate disclosure law, the Delaware Supreme Court’s important ruling in Marchand v....more

Morris James LLP

Chancery Denies Director Access to Privileged Materials Involving Counsel to Preferred-Appointed Directors

Morris James LLP on

Gilmore v. Turvo, Inc., C.A. No. 2019-0472-JRS (Del. Ch. Aug. 19, 2019). As several Delaware decisions teach, each director, as a member of the larger deliberative body that is the board, has a fundamental right to access...more

Carlton Fields

Is It Still Privileged? An Insurer’s Disclosure Of Information To Its Reinsurers And Brokers Waives Privilege … Sometimes.

Carlton Fields on

A federal district court recently held that an insurer waived any claim of attorney-client or work product privilege when it disclosed otherwise potentially privileged information to its reinsurers and to its broker. In doing...more

Allen Matkins

Kalisman v. Friedman – A California Analysis

Allen Matkins on

A few months ago, Vice Chancellor J. Travis Laster issued an interesting decision involving director inspection rights and the attorney-client privilege. Kalisman v. Friedman, 2013 Del. Ch. LEXIS 100 (April 17, 2013). ...more

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