Mark A. Kressel

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Making the Advice of Counsel Defense Available for Corporate Directors

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Contractual Waiver of Corporate Attorney-Client Privilege

116 Yale L.J. 412 (2006) 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...