1. Do Directors of a Board Have Access to the Company’s Privileged Materials?

    Do Directors of a Board Have Access to the Company’s Privileged Materials?

    In an article I wrote last month on attorney-client privilege, I discussed the potential for its abuse at the hands of unscrupulous lawyers attempting to impede discovery by framing nonprivileged materials as privileged. In a business setting, such as a board of directors meeting, for instance, the company may try to use counsel’s presence in a board meeting to argue that the content discussed at the meeting is privileged...

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