BLT: September 2014



Business & Corporate

Corporate Internal Investigations and the Fifth Amendment

Many directors and officers of major corporations believe that if their corporation has procured directors and officers liability insurance for them, they are not taking substantial personal risk by serving. This article discusses new issues and realities that accompany the increasing criminalization of actions of innocent executives that traditional corporate bylaws and executive protection programs do not address.


Business & Corporate

ETHICS CORNER: Intra-Law Firm Communications, Conflicts of Interest, and the “Fiduciary Exception” to the Attorney-Client Privilege

Where a conflict of interest between a lawyer and client may be emerging – but has not yet ripened to the point requiring termination of the representation – it is natural for a lawyer practicing in a law firm to seek the advice of the firm's in-house ethics counsel. Does such intra-firm consultation create an impermissible conflict of interest between the firm and the existing client? If it does create a conflict of interest, does this mean that the lawyer's communications with the firm's in-house ethics counsel are not eligible for the protection of the attorney-client privilege?

Business & Corporate

MEMBER SPOTLIGHT: An Interview with Former Chief Justice Myron Steele

Former Chief Justice of the Supreme Court of Delaware Myron Steele has published over 300 opinions resolving corporate litigation, LLC, and limited partner governance disputes. He also served on the Delaware Superior Court from 1988 to 1994, and served as Vice-Chancellor of the Chancery Court of Delaware before being selected for the Supreme Court bench in 2000. He recently returned to private practice, where he is a partner at the Delaware law firm, Potter Anderson & Corroon LLP, and specializes in litigation.

Business & Corporate

Inside Business Law (Sept. 2014)

The Business Law Section held its first Business Law Section Annual Meeting at the Hyatt Regency Chicago on September 10–13, 2014, which was a huge success. More than 1,500 Section members registered for the meeting, which included 69 CLE programs and over 200 committee and subcommittee meetings. This month’s “Inside Business Law” focuses on some of the highlights of the new Annual Meeting, and features details of several noteworthy and well-attended programs.