X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

After officers or directors of a publicly traded company are accused of wrongdoing and are terminated or resign, they may find themselves defending against government investigations or civil litigation. When this happens, the interests of ex-officers likely will be adverse to their former employer. The company might cooperate with a government investigation of former officers or even sue the officers itself.

This article examines two issues that can arise when a company and its former officer or director are adverse to each other and one seeks access to potentially privileged documents of the other. First, the article reviews the circumstances under which the former officer may access communications between the company and its counsel that occurred during the period of the officer’s employment. Second, the article examines whether the ex-officer may assert the attorney-client privilege against a former employer who seeks access to communications that the officer had with his or her personal lawyer over the company’s computer or e-mail system.

This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.

To view this content, please continue to their sites.

Not a Lexis Advance® Subscriber?
Subscribe Now

Not a Bloomberg Law Subscriber?
Subscribe Now

Why am I seeing this?

LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.

For questions call 1-877-256-2472 or contact us at [email protected]

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

 

ALM Legal Publication Newsletters

Sign Up Today and Never Miss Another Story.

As part of your digital membership, you can sign up for an unlimited number of a wide range of complimentary newsletters. Visit your My Account page to make your selections. Get the timely legal news and critical analysis you cannot afford to miss. Tailored just for you. In your inbox. Every day.

Copyright © 2021 ALM Media Properties, LLC. All Rights Reserved.