Richard B Kapnick Courtney A Rosen

Richard B Kapnick Courtney A Rosen

January 02, 2014 | Inside Counsel

Litigation: Examining the ‘fiduciary exception’ to the attorney-client privilege

The fiduciary exception permits shareholder plaintiffs in certain circumstances to pierce the corporations attorney-client privilege and gain access to privileged materials upon a showing of good cause.

By Richard B. Kapnick, Courtney A. Rosen

10 minute read

December 19, 2013 | Inside Counsel

Litigation: Business strategy immunity may postpone discovery of highly confidential corporate strategies

When the client expresses concerns that discovery in litigation of highly confidential corporate strategies will cause competitive harm to the company, the business strategy immunity may afford protection.

By Richard B. Kapnick, Courtney A. Rosen

9 minute read

December 05, 2013 | Inside Counsel

Litigation: Office e-mail to communicate personal matters may waive the attorney-client privilege

In re Asia Global Crossing, Ltd. and a recent Delaware Chancery case highlight the dangers of waiving the attorney-client privilege through office e-mail accounts.

By Richard B. Kapnick, Courtney A. Rosen

12 minute read

November 21, 2013 | Inside Counsel

Litigation: Preserving privilege over information shared in business negotiations

A line of cases hold that there is no waiver when a seller shares privileged information with a buyer concerning potential legal claims relating to the business.

By Richard B. Kapnick, Courtney A. Rosen

9 minute read

November 07, 2013 | Inside Counsel

Litigation: Business advisors and the corporate attorney-client privilege

Courts have applied three very different standards to analyze when privileged material may be shared with business advisors without risking waiver.

By Richard B. Kapnick, Courtney A. Rosen

12 minute read

October 24, 2013 | Inside Counsel

Litigation: Preserving privileges when affiliated corporations share counsel

Careful attention must be paid to the attorney-client privilege and the risk of waiver when lawyers for a parent corporation work on projects where an affiliate is a joint client.

By Richard B. Kapnick, Courtney A. Rosen

5 minute read