Woodruff Sawyer’s “Outside Director Communications: Attorney-Client Privilege” summarizes recent case law and the associated “expectation of privacy” framework regarding the maintenance of the attorney-client privilege in conjunction with director email communications; shares best practices; and provides practical guidance to mitigate the potential for discovery and an inadvertent waiver. Directors are encouraged to understand the risks and to be thoughtful and deliberate about the content and channels used for sensitive communications that may relate to litigation or potential litigation.
See our prior reports: “Director & Employee Communications: Risk Mitigation Practices,” “Email Communications: Privilege Waiver Risks,” “Board Communications Best Practices”; "Benchmarking Director Communication Practices," "Director Communications: Security & Privacy Considerations," and "Confidential Board/Director Communication Practices"; and additional resources on our Board/Director Communications and Board Portals pages. This post first appeared in the weekly Society Alert!