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Directors owe fiduciary duties to the company. To make informed decisions and satisfy those fiduciary duties, directors generally have broad access to the company’s books and records,...
Companies can act proactively to shield their privileged communications from a director where appropriate. Ensure the engagement letter or other communications with counsel clearly describe the client and the matter, so all parties understand who the client is.
Last week’s Corporate Guide discussed one circumstance — in the context of stockholder litigation — where directors’ and officers’ emails may be requested and produced, a books and...