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A&O Shearman

Germany: Immediate dismissal of board member for email forwarding to personal account

A&O Shearman on

During an investigation, it is not uncommon to discover that an individual has forwarded business emails to their private email address. This ruling from the Higher Regional Court Munich shows the potential implications of...more

Baker Donelson

Rethink How You Communicate with Outside Directors: Certain Communications May Not Be Protected

Baker Donelson on

A recent decision from the Delaware Court of Chancery is changing how companies communicate confidential information to outside directors. In In re WeWork Litigation, C.A. No. 2020-0258-AGB, a discovery dispute arose within...more

Jones Day

Delaware Court Ruling Raises Privilege Concerns for Communications With Outside Directors

Jones Day on

The Situation: Use by outside directors of non-company email accounts or other non-secure platforms to conduct board business risks waiver of the board's privilege. Even if the privilege is maintained, use of such an account...more

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