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Privileged Communications and the Delaware Corporation: Corporate and Commercial Privilege Litigation in the Delaware Courts

January 1, 2000, John E. James

Published by CCH of Chicago, Illinois, a leading legal publisher, in the Spring of 2000.

Privileged Communications is an analysis of the application of the attorney-client privilege, the work product doctrine, and the various exceptions to those privileges that has been drawn from the substantial case law that has developed over the decades in Delaware with respect to privilege disputes.  As the title of the book suggests, Privileged Communications ' principal focus concerns the development and application of the laws of legal privilege in matters of Delaware corporate governance and commercial law disputes.  The importance of an understanding of the law of privileged communications in Delaware is a function of Delaware's role as the primary jurisdiction in which major corporations elect to incorporate.  It also flows from the fact that the Delaware state and federal courts have become the jurisdictions of choice with respect to the resolution of complex business litigation.  Privileged Communications is an essential reference not only for those lawyers who will be advocates for clients in the Delaware courts, but for those, both outside and in-house counsel, who need to advise directors and officers of Delaware corporations with respect to matters of privilege, based on the underlying recognition that any potential transaction that is the eventual subject of litigation could be decided either in the Delaware courts or the courts of other jurisdictions that may apply Delaware's rules of privileged communications.