Are Directors Joint Clients?

In a ruling this week, Vice Chancellor Lori Will addressed whether one-half of an evenly divided board could gain access  privileged communications between the corporation and its long-time outside counsel.  In re Aerojet Rocketdyne Holdings, 2022...

Do Securities Lawyers Lack Empathy And A Clear Vision?

Yesterday's post concerned UCLA Law School Professor Sung Hui Kim's forthcoming article on the efficacy of lawyers as gatekeepers.  I sent a link to my post to Professor Kim and she sent me an earlier article that she described as discussing "the...

Why I Believe Professor Kim Is Asking The Wrong Question About Gatekeepers

In a forthcoming chapter in The Cambridge Handbook of Investor Protection (Cambridge University Press, 2021) UCLA Law Professor Sung Hui Kim asks "Do Lawyers Make Good Gatekeepers"?   She posits that there is "a strong case for imposing gatekeeping...

Does Disclosure Of Results Of Internal Investigation Constitute Subject Matter Waiver?

Last Friday, I wrote about one of the docketed appeals in Wynn Resorts, Limited v. Eight Jud. Dist. Ct., 41 Nev. Adv. Op. 52 (2017).  Today's post concerns the other docketed appeal in that case.  This appeal addressed whether disclosure of an...

Does Assertion Of Business Judgment Rule Waive Attorney-Client Privilege?

Nevada, like California, has codified the attorney-client privilege:

Magistrate Judge Rules SEC's Attorney-Conduct Rules Preempt State Law

Last December, Chief Magistrate Judge Joseph C. Spero ruled that the SEC's attorney-conduct rules preempt California's statutory and professional rules requiring attorneys to maintain inviolate the confidences.  Wadler v. Bio-Rad Laboratories, Inc.,

1