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How Privileged Are Your Privileged Communications?

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.

38 minute read April 02, 2014 at 12:00 AM
By
Richard B. Kapnick, Courtney A. Rosen and Eric T. Schmitt
How Privileged Are Your Privileged Communications?

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.

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