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BLT: October 2013

Maintaining the Privilege: A Refresher on Important Aspects of the Attorney-Client Privilege

Feature Articles

Maintaining the Privilege: A Refresher on Important Aspects of the Attorney-Client Privilege

Though business attorneys may prefer to leave attorney-client privilege issues to litigators, staying up-to-date on the contours of the privilege will benefit their clients down the road when litigation inevitably ensues.

The recent settlement between the SEC and hedge fund adviser Philip A. Falcone and his advisory firm, Harbinger Capital Partners, reflects a more aggressive stance by the SEC and is a sea change from its long-standing policy of allowing defendants to "neither admit nor deny" wrongdoing.

In SIGA Technologies, Inc. v. Pharmathene, Inc., the Delaware Supreme Court has held that an express contractual obligation to negotiate a definitive agreement in good faith is enforceable, and that expectation damages can be an appropriate remedy for a breach of that obligation.

In 2008, I was among the students chosen to participate in the ABA Business Law Section Diversity Clerkship Program, and as result of that experience, I decided to pursue a career in business law.

Paula Boggs served as vice president of legal at Dell Computer Corporation and then as executive vice president and general counsel at Starbucks Coffee Company. In addition, she’s volunteered for many legal and civil organizations, including the ABA’s House of Delegates. In 2010, President Obama named Boggs to the White House Council for Community Solutions.

The Business Law Section presented excellent CLE and non-CLE content during the ABA Annual Meeting in August. If you could not attend, you can still access the materials for a taste of what you missed. In addition, numerous Section Committees have created webinars and newsletters updating practitioners on the latest developments within their specialties. This month’s “Inside Business Law” focuses on some noteworthy examples of both new content and content from the Annual Meeting.

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Question: In 2013, Edward Snowden facilitated the release of more than 58,000 classified documents and exposed the Section 215 bulk data collection and PRISM monitoring programs. Who is credited in some circles as pulling off the first network “hack” in history? 

Please see Inside Business Law for the answer to this month’s Business Law Section Trivia Question.

The June 2016 issue of Business Law Today will have two main themes: compliance and white collar crime. Compliance topics include practical tips ranging from hiring in the workplace to regulatory compliance with company jets. White collar crime will look inside encryption for lawyers as well as multijurisdictional bribery enforcement. In this issue, readers will get acquainted with the brand-new cyber technology column and the second piece in a three-part series on commercial contracts.

Do you have a great idea for a BLT article? Would you like to see more of a featured column? Let us know how we can make Business Law Today the best resource for you and your clients. We welcome any suggestions. Please send us your feedback here.

Saratoga Institute on Equine, Racing and Gaming Law
August 9-10, 2016
Saratoga Springs, NY

Business Law Section Annual Meeting
September 8-10, 2016
Boston, MA

Miscellaneous IT Related Legal News (MIRLN) 17 April - 7 May 2016 (v19.07)

BLT is a web-based publication drawing upon the best of the Section's resources, including featured articles and other information from around the Section. Stay informed on the latest business law practice news and information that will benefit you and your clients.