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How Privileged Are Your Privileged Communications?

By Richard B. Kapnick, Courtney A. Rosen and Eric T. Schmitt
April 02, 2014

The applicability of the attorney-client privilege within the corporate setting has been firmly established for decades. However, corporate counsel may be surprised to learn that, under certain circumstances, plaintiffs in shareholder litigation have gained access to privileged materials upon a showing of “good cause” under the fiduciary exception. This article discusses the basis for the fiduciary exception, the factors involved in the good-cause analysis, and the circumstances under which courts have turned over privileged materials to plaintiffs.

Garner and the Applicability of the Fiduciary Exception

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