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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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Check back for next month's trivia question.

Next month’s issue of Business Law Today will focus on LLCs.  Articles will cover such topics as nonprofit LLCs; deadlock breaking mechanisms in LLCs; and board-managed LLCs. In addition, a new column on the Uniform Law Commission will make its debut in the March issue.

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.

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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.