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Illinois Appellate Court Declines to Extend Crime-Fraud Exception To Defamation Claims

Allegations of defamation and conspiracy to defame alone are insufficient to establish the crime-fraud exception and defeat the attorney-client privilege, the Illinois Appellate Court recently held. In MacDonald v....more

Attorney-Client Privilege in Ownership Disputes: The “Fiduciary Exception”

This post explains an exception to the attorney-client privilege that is recognized in many jurisdictions to allow minority owners of LLCs and corporations to attempt to obtain the privileged communications of their LLC or...more

Attorney-Client Privilege Issues: Illinois Corporations and Other Jurisdictions

This post explains the rules that apply to Illinois corporations and business entities organized in other jurisdictions. In most jurisdictions, shareholders and LLC members generally do not have the right to obtain...more

Attorney-Client Privilege Issues: Three Ways Companies Can Shield Privileged Communications From Their Directors

Directors owe fiduciary duties to the company. To make informed decisions and satisfy those fiduciary duties, directors generally have broad access to the company’s books and records, with a few exceptions. A corporate...more

Attorney-Client Privilege Issues: When Directors Can Access Privileged Corporate Records

Those with ownership stakes in privately held businesses, partnerships, or family offices need to closely collaborate with and trust others. When disagreements and disputes over rights and responsibilities arise, individual...more

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