January 02, 2014 | Inside Counsel
Litigation: Examining the ‘fiduciary exception’ to the attorney-client privilegeThe 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 strategiesWhen 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 privilegeIn 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 negotiationsA 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 privilegeCourts 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 counselCareful 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