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Making the Advice of Counsel Defense Available for Corporate Directors

Note

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, …