Client Alerts

ELECTRONIC DATA CHECKLISTS FOR GENERAL COUNSEL

Before Litigation Hits, Create and Maintain an Electronic Information Inventory Read More...

Avoid the Smoking Gun: How to Preserve a Corporation's Attorney-Client Privilege

Although the U.S. Supreme Court recently reversed the conviction of now-defunct Arthur Andersen, it was too late to save the company. A "smoking gun" privileged email from in-house counsel reminding executives of the firm's "document retention" policy appears to have played a significant role in jury deliberations leading to Andersen's conviction and subsequent demise. One wonders what the result of the trial would have been if that e-mail was never written, or if Arthur Andersen had not waived its right to prevent disclosure of the email under the attorney-client privilege. Read More...

Poor Business Practices May Bring Down “The Corporate Veil”

On April 17, 2007, the Massachusetts Appeals Court issued a decision that should serve to remind clients that, in order to maintain the liability limiting protection of their corporate form, they must abide by the fundamental rules of business governance.  In Cahaly v. Benistar Property Exchange Trust Co., Inc., No. 05-P-1717, 2007 WL 1098223 (Mass. App. Ct. Apr. 17, 2007), the Appeals Court ruled that the corporate veil could be pierced enabling the plaintiffs to recover damages from affiliates of defendant corporations. Read More...