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When Your “Client” is Your Company’s Investor, How is Attorney-Client Privilege Applied?

Posted by Andrew Solomon on Nov 20, 2015 9:25:27 AM

When your Client is your Company's Investor, What about Attorney-Client Privilege

In the corporate context, the attorney-client privilege’s application is rarely straightforward. When tested in court, the privilege’s very existence often turns on crucial questions that may not have been considered at the time of the communication. Was the advice primarily business or legal? Which employees qualify as “clients”? Was the advice rendered to assist in the commission of a transaction that might later be viewed as fraudulent? 

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Topics: attorney-client privilege, fiduciary exception

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