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“Don’t Let the Expert’s Communications Become Discoverable” – Today’s General Counsel

For attorneys practicing in Florida state and federal courts, a typical litigation consists of two discovery phases: fact discovery and expert discovery. Most litigators are familiar with fact discovery and what must and must not be disclosed under the applicable rules of procedure. For example, communications between a client and the client’s attorney can be […]

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“The Conflict Between a Shareholder’s Right to Inspect Financial Records and the Company’s Accountant-Client Privilege Under Florida Law” – Today’s General Counsel

It is not uncommon for a business or its executives to be presented with allegations of mismanagement or wrongdoing by a minority shareholder accompanied by requests for company financial records.  When such allegations arise, it is important for a business organization to be prepared to efficiently address the allegations while protecting its privileged communications with […]

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“Direct Versus Derivative in Shareholder Litigation: Is It an Ad Hoc Inquiry?” – Today’s General Counsel

Whenever a shareholder brings a claim involving the company’s officers and directors, the court must decide whether the shareholder is suing for harm suffered individually, and the claim is direct – or if the alleged harm is suffered by the company, and the claim is derivative. Distinguishing between direct and derivative claims, however, has become […]

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