Professional Responsibility

When A Corporation Dissolves, Does The Attorney-Client Privilege Live On?

June 22, 2011 Leave a response Shortlink

Generally, a corporation’s suit for legal malpractice results in a waiver of the attorney-client privilege.  When the corporation’s suit is brought derivatively, however, the privilege is not waived.  McDermott, Will & Emery v. Superior Court, 83 Cal. App. 4th 378, 383 (2000).  Therein lies a problem. If the attorney-client privilege is not waived by the filing of a derivative suit for Read more...


SEC’s Whistleblower Release Misapprehends California Ethics Laws And Rules

May 26, 2011 Leave a response Shortlink

In a 3-2 vote yesterday, the Securities and Exchange Commission approved final rules implementing the whistleblower provisions of Section 21F of the Securities Exchange Act of 1934. The more law, the greater the injustice The adopting release is 305 pages long and has 83,917 words, or just about five hundred more words than Nathanial Hawthorne’s 1850 masterpiece novel, The Scarlet Letter Read more...