Lawyer Commentary Mondaq United States Corporations May Risk Waiving Privilege Protection When Communicating With Their Own Board Members

Corporations May Risk Waiving Privilege Protection When Communicating With Their Own Board Members

Document Cited Authorities (1) Cited in Related

It seems obvious that corporations do not waive privilege protection by disclosing privileged communications to their own board members. But what about outside board members receiving such communications where they work or live?

In O'Neill v. City of Springfield, Civ. No. 30036-MGM, 2023 U.S. Dist. LEXIS 82572 (D. Mass. May 11, 2023), family members sued the City after their sister died in custody. Although the City and the police union shared a common interest in resisting plaintiff's claims, the court...

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