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Preserving the Corporate Attorney-Client Privilege as Against Investors
In Hyde Park Undertaking Partners Fund III, L.P. v. FairXchange, LLC,[1] the Delaware Courtroom of Chancery presented a precious reminder to corporations and their directors and officers that a company simply cannot assert a privilege, this sort of as the legal professional-shopper privilege, versus its directors or the investors that appointed people directors in litigation unless 1 of three exceptions are achieved: (1) the parties agree by way of deal, this sort of as a confidentiality arrangement, that the corporation may perhaps assert privilege towards particular administrators and the traders that appointed that director (2) the board of directors varieties a special committee that excludes the director soon after which…
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SCOTUS Weighs-In on Attorney-Client Privilege | International Wealth Tax Advisors
Are documents and communications geared up for the reason of supplying tax advice lined by the legal professional-customer privilege? The U.S. Supreme Courtroom just lately refused to answer this issue in a intently watched scenario that tax and legal experts predicted could have significant implications for the legal professional-shopper privilege and for so-named dual-objective communications. Dual-function communications are attorney-client communications that are both equally lawful and non-lawful in goal. The case, In re Grand Jury, No. 21-1397 (S. Ct. 2022) wound its way up to the Supreme Courtroom right after the Ninth Circuit ruled that courts, in evaluating dual-objective communications, need to weigh all of the functions for producing the…
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U.S. Supreme Court spurns attorney-client privilege fight in crypto tax probe
Jan 23 (Reuters) – The U.S. Supreme Court docket on Monday threw out a circumstance about the scope of lawyer-client privilege involving a law firm’s bid to withhold documents from prosecutors relevant to a cryptocurrency-endorsing consumer in a tax investigation. The unsigned one-sentence ruling “dismissed as improvidently granted” an enchantment by an unnamed legislation company of court docket orders keeping it in contempt for not turning over information relevant to a person of its clientele in reaction to a federal grand jury subpoena. The justices did so only two weeks immediately after hearing arguments in the scenario. A lot of of the aspects of the case are unclear, as the…
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Justices weigh scope of attorney-client privilege in crypto tax probe
U.S. Supreme Court docket usually takes up legal professional-shopper privilege concern in cryptocurrency-joined tax probe Concern of how privilege applies to “dual goal” communications (Reuters) – The U.S. Supreme Courtroom on Monday wrestled with to what extent legal professional-shopper privilege shields lawyers’ communications with their purchasers from disclosure when the paperwork contain a lot more than just legal advice and handle other matters. The justices heard arguments in a legislation firm’s enchantment of courtroom orders keeping it in contempt after it refused to comply with a federal grand jury subpoena in a criminal tax investigation of a person of its shoppers and turn above certain communications. The business, whose identify…
/cloudfront-us-east-2.images.arcpublishing.com/reuters/EH4Q25MNVVMJDE5HU3ZXDOF2JA.jpg?w=1140&resize=1140,0&ssl=1 "U.S. Supreme Court spurns attorney-client privilege fight in crypto tax probe")
/cloudfront-us-east-2.images.arcpublishing.com/reuters/NZFYGVGXHJNGLKYPZQJGOSHHR4.jpg?w=1140&resize=1140,0&ssl=1 "Justices weigh scope of attorney-client privilege in crypto tax probe")
