About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

116 Yale L.J. 412 (2006-2007)
Contractual Waiver of Corporate Attorney-Client Privilege

handle is hein.journals/ylr116 and id is 428 raw text is: MARK A. KRESSEL Contractual Waiver of Corporate Attorney-Client Privilege A B ST R ACT. A corporate director, sued in her individual capacity in connection with corporate malfeasance, often seeks to raise the defense that she relied on the advice of the corporation's counsel that the proposed course of conduct was legal. A litigation impasse may arise, however, if the corporation, as sole holder of the attorney-client privilege, refuses to waive its privilege. The impasse leaves the plaintiff unable to evaluate the director's claims and leaves the defendant unable to mount her defense. As a solution to this impasse, this Note proposes that directors and their corporations should contract ex ante that the corporation will waive its privilege under these limited circumstances. A U T H O R. Yale Law School, J.D. expected 2007; Yale College, B.A. 1996. I would like to thank Professor Ian Ayres and Eugene Nardelli for their tireless assistance in developing and editing this Note, as well as Professor John Langbein, Bharat Ramamurti, and Josh Hafetz. I would also like to thank the attorneys and staff at the U.S. Attorney's Office for the Central District of California, Civil Division, and particularly Gary Plessman and Cathy Ostiller for their inspiration, mentoring, and support. 412 Imaged with the Permission of Yale Law Journal

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Purchase Access

Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most