attorney/client privilege

I have been writing an ethics column for the national publication of The American Inns of Court, called The Bencher, for about 24 years or so. My latest column appears in the current edition and is reproduced below, courtesy of The Bencher and The American Inns of Court.

Company’s Privileged Communications Must Be Provided to

A recent Delaware Court of Chancery decision explained that: the general rule that a director is entitled to communications with counsel for the board has exceptions, but the threshold issue is whether the attorney involved represents the whole board–or just selected board members.  In Gilmore v. Turvo, Inc., C.A. No. 2019-0472-JRS (Del. Ch. Aug.

In re Heckman Corporation Securities Litigation, C.A. No. 10-378-LPS-MPT  (D.Del. Nov. 22, 2011), read opinion here. This decision of the U.S. District Court for the District of Delaware dealt with the issue of whether former counsel for a former corporate officer could be forced to assist in serving process on their former client. The