Chancery Court Finds that Adverse Directors Not Entitled to Privileged Board Communications Concerning a Potential Merger
Robert S. Reder & Katie Clemmons | 72 Vand. L. Rev. En Banc 249 | CBS Litigation | Chancery Court Finds that Adverse Directors Not Entitled to Privileged Board Communications Concerning a Potential Merger |
| Chancellor Andre G. Bouchard’s letter ruling in CBS Litigation provides a useful analysis how a board should proceed in preventing adverse directors from obtaining certain privileged information with outside legal counsel. This decision strikes a balance between protecting the board from disclosing privileged information to potentially adverse directors while protecting individual directors from being unknowingly excluded from such information.