Bradley attorney Todd Presnell was quoted in Boardroom Insider on keeping privilege safe and keeping it safe from a board. Presnell explained that we may view “legal privilege” as an iron wall around information to be zealously defended. But it’s more like a leaky bucket, with any number of gaps allowing secrets to dribble out.
“It’s too easy to lose privilege,” observed Presnell. Opposing counsel will claim that lax handling of confidential info negated any later privilege claims, and courts often agree.
The complete article, “Preventing Board ‘Legal Privilege’ Disasters,” appeared in the June 2017 issue of Boardroom Insider.