Stephen Blake and Marissa Lambert Author The Recorder Article on Privilege Issues in Shareholder Disputes
06.20.23
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Litigation Partner Stephen Blake and Associate Marissa Lambert authored an article titled, “Inside the 'Circle of Confidentiality': Protecting Privilege in Transactional Stockholder Disputes,” which was published in The Recorder. The article explores the application of privilege rules in shareholder disputes in the transactional context, through the lens of several recent cases grappling with when and if communications with directors fall within the proverbial “circle of confidentiality” and when privilege has been broken, often in quite unanticipated ways. The article also examines how these issues are often exacerbated by significant state-by-state differences in applying privilege.
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