Special Committees and Protecting Privilege

How can a board discharge its fiduciary duties without waiving otherwise applicable privileges to the investigation and opening the door to discovery of investigation related materials by the government or by third party litigation adversaries? An analysis of recent rulings.

11 minute read February 26, 2008 at 09:03 AM
By
Thaddeus J. Malik, David M. Greenwald And Mercedes M. Davis
Special Committees and Protecting Privilege

Your company receives an allegation of serious wrongdoing involving a current board member. After an initial review and perhaps a discussion with the chair of your Audit Committee, it is agreed that the matter cannot be dismissed out of hand and should be elevated to the board of directors.

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