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.



Nominations Sought for Section Leadership Positions

Do you know anyone who has what it takes to be a good Section leader? The Nominating Committee of the Section needs your recommendations for leadership positions for the 2017-2018 association year. Nominees will be selected for: Chair-elect (who automatically assumes the position of chair the following year); Secretary (who automatically assumes the position of vice chair the following year); Content Officer; two Section Delegates to the ABA House of Delegates; and five additional Council members for a four-year term expiring in 2021. The Nominating Committee will take into account the following principles in making its selections. It will: select nominees who have been substantial and active contributors to the Section; seek geographic diversity in the leadership of the Section; strive for representation from a broad cross-section of the areas of law represented in the Section; and seek to draw leaders from a broad cross-section of the various sectors of practice, including corporate law departments, government, academia and private law firms; and actively recruit nominees that reflect the diversity of the Section. Please send your nominations by email to susan.tobias@americanbar.org no later than November 18.

Question: Between November 2, 2015 and November 4, 2015, Harris Poll conducted an online survey of 2,017 adults ages 18 and older on behalf of NerdWallet, Inc. to understand U.S. consumers’ credit card payment habits and feelings around different types of debt. The results of this study were published in the 2015 American Household Credit Card Debt Study. According to the 2015 American Household Credit Card Debt Study, what percentage of U.S. adults would be more embarrassed to tell others about credit card debt than any other type of debt?
A. 10%
B. 35%
C. 55%
D. 90%

Question: From the late 1600s to the early 1800s, “debtors’ prisons” were commonplace with many cities and states operating brick-and-mortar detention facilities that were designed for incarcerating individuals who were unable or unwilling to pay their debts. Imprisonment for indebtedness was so commonplace that two signatories of the Declaration of Independence were jailed for failure to pay their debts. Can you name those two signatories?

The November issue of Business Law Today will focus on Nonprofits. Articles will range from the “Delaware Advantage” to nonprofit organizations needing nonprofit lawyers. In addition, other features include keeping pace with disruptive technological change, insurance bad faith recoveries, and constitutional issues in granting Americans a “Right to Dispute.”

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.

Business Law Section Fall Meeting
November 18-19, 2016
Washington, DC

Business Law Section Spring Meeting
April 6-8, 2017
New Orleans, LA

Miscellaneous IT Related Legal News (MIRLN) 25 September - 15 October 2016 (v19.14)

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.