Tag Archives: communication

A Perilous “Advice of Counsel” Defense Results in Disclosure, Not Only of Attorney/Client Communications, but of Attorney Work Product Material as Well

Frequently, parties in both civil and criminal cases where fraud or corporate misconduct is being alleged attempt to defend themselves by arguing that they lacked unlawful intent because they relied upon the advice of counsel. Such an assertion instantly raises two fundamental questions:  1) what advice did the party’s attorney actually give?;  and 2) what facts and circumstances did the party disclose, or fail to disclose, in order to obtain that opinion?  It is well understood that raising an advice of counsel defense consequently waives attorney/client privilege. 

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The Evolution of the Chief Communication Officer

If you were forced to pick one way in which companies have evolved the most significantly since the turn of the century, you’d be hard-pressed to find a more popular response than communication.

Social media has created two-way dialogue and real brand accountability. The 24/7 news cycle has amplified the impact of any crisis, from CEOs sticking their foot in their mouths to customer data breaches. Brands are compelled to be socially and environmentally conscious. Heck, Millennials want to know your charitable partners before they buy your goods or apply for your jobs.

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