Business divorces are often messy. The reasons for business divorces vary – personality-driven disputes, disagreements over business direction, or timing and distribution of earnings. Whatever the reason, when controlling...more
Allegations of defamation and conspiracy to defame alone are insufficient to establish the crime-fraud exception and defeat the attorney-client privilege, the Illinois Appellate Court recently held.
In MacDonald v....more
3/12/2024
/ Appellate Courts ,
Arbitration ,
Attorney-Client Privilege ,
Crime-Fraud Exception ,
Criminal Conspiracy ,
Defamation ,
Employee Benefits ,
Forensic Accounting ,
Illinois ,
Motion to Compel ,
Privileged Communication ,
Wrongful Termination
This post explains an exception to the attorney-client privilege that is recognized in many jurisdictions to allow minority owners of LLCs and corporations to attempt to obtain the privileged communications of their LLC or...more
In certain circumstances, shareholders of corporations and members of limited liability companies can obtain confidential communications between corporate management and the company’s attorney that would otherwise be...more
7/18/2023
/ Attorney-Client Privilege ,
Beneficiaries ,
Breach of Duty ,
Corporate Management ,
Fiduciary Duty ,
Jurisdiction ,
Limited Liability Company (LLC) ,
Minority-Owned Businesses ,
Shareholders ,
Trustees ,
Trusts
When corporate management requests or obtains legal advice from corporate counsel, management expects those communications to be protected from disclosure by the attorney-client privilege, and usually they are. But there are...more
This post explains the rules that apply to Illinois corporations and business entities organized in other jurisdictions.
In most jurisdictions, shareholders and LLC members generally do not have the right to obtain...more
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
Those with ownership stakes in privately held businesses, partnerships, or family offices need to closely collaborate with and trust others. When disagreements and disputes over rights and responsibilities arise, individual...more
A recent court ruling related to Donald Trump’s attempts to overturn the 2020 presidential election serves as an evergreen reminder that the attorney-client privilege and work product doctrine do not insulate documents and...more