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Corporate Governance › Privileged Communication

Akin Gump Strauss Hauer & Feld LLP

Judicial Committee of the Privy Council Declares the End of the ‘Shareholder Rule’ Regarding Privilege

Akin Gump Strauss Hauer & Feld LLP on

In a landmark ruling handed down on 24 July 2025 (Jardine Strategic Limited (Appellant) v Oasis Investments II Master Fund Ltd and 80 others (Respondents) No 2 (Bermuda) [2025] UKPC 34), the Judicial Committee of the Privy...more

BCLP

Legal Privilege - the King has been advised - the Shareholder Rule no longer applies under English Law

BCLP on

Yesterday in a landmark decision, Jardine Strategic Limited v Oasis Investments II Master Fund Ltd and others, the Privy Council, on appeal from Bermuda’s Court of Appeal, has changed the law....more

ArentFox Schiff

Attorney-Client Privilege Issues: When Directors Can Access Privileged Corporate Records

ArentFox Schiff on

Those with ownership stakes in privately held businesses, partnerships, or family offices need to closely collaborate with and trust others. When disagreements and disputes over rights and responsibilities arise, individual...more

Sheppard Mullin Richter & Hampton LLP

Delaware Court Of Chancery Clarifies That Management Cannot Unilaterally Curtail A Director’s Access To Corporation’s Privileged...

Sheppard Mullin Richter & Hampton LLP on

In In re WeWork Litigation, 2020 Del. Ch. LEXIS 270 (Del. Ch. Aug. 21, 2020) (Bouchard, C.), the Delaware Court of Chancery considered an issue of first impression: Does the management of a Delaware corporation have the...more

Herbert Smith Freehills Kramer

Delaware Court of Chancery Confirms Directors’ Right to Access Company’s Privileged Information

Herbert Smith Freehills Kramer on

Can management of a Delaware corporation block members of the board of directors from gaining access to the company’s privileged information? The Delaware Court of Chancery recently addressed this question in the ongoing...more

McGuireWoods LLP

A Delaware Court Addresses A Privilege Issue Implicating Corporate Governance

McGuireWoods LLP on

Delaware law very generously provides for corporate directors' access to privileged communications. However, in some situations directors lose their access attempts. In Gilmore v. Turvo, Inc., C.A. No. 2019-0472-JRS, 2019...more

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