Delaware Business Litigation Report

Court Of Chancery Upholds Privilege To Say I Consulted

In re Quest Software Inc. Shareholders Litigation, C.A. 7357-VCG (July 3, 2013)

Almost every case seems to involve the issue of when asserting that the defendant board had legal advice constitutes a waiver of the attorney-client privilege. This decision explains how far you can go and yet preserve the privilege.  Basically, you can say that you consulted and still keep the privilege, but you cannot say 'he told me it was okay" without a waiver.

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