14Jan
Delaware Court Ruling Raises Privilege Concerns for Communications With Outside Directors
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 or platform invites a challenge to the privilege. The Result: In a recent decision, the Delaware Court of Chancery held that the attorney-client privilege did not apply to a company's communications with its fiduciaries, when those individuals were employees of another...
By:
Jones Day
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