Are In House Counsel Officers Of A Corporation

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Attorney-Client Privilege for In-House Counsel

https://www.americanbar.org/groups/intellectual_property_law/publications/landslide/2017-18/november-december/attorney-client-privilege-inhouse-counsel/

In the in-house counsel context, the “client” is considered to be the legal corporate entity and not the corporation’s individual officers, directors, shareholders, or employees (hereinafter referred to collectively as “employees”). 8 However, the corporation is embodied by the various employees who communicate with counsel, and the corporation can act and communicate with counsel only through …

Corporate Governance for In House Legal Counsel

https://www.linkedin.com/pulse/corporate-governance-house-legal-counsel-julie-thompson-james?articleId=6668449326928281600

Attorney-at-Law In recent times, it has become commonplace for in house Counsel (“General Counsel”) to assume additional responsibility for other roles within a Company or Group of Companies …

Chief Legal Officer vs General Counsel: What's the Difference?

https://cowenpartners.com/what-is-the-difference-between-a-general-counsel-and-chief-legal-officer/

Nov 19, 2020 · New corporate realities have evolved over the years to include a diverse scope of enterprise risks which has correspondingly broadened the role of in-house counsel. Executive teams are looking for general counsels who can not only juggle the litigation aspects of the business but who can also contribute to the company goals.

Court Expands Duty to Corporate Officers and General ...

https://www.hklaw.com/en/insights/publications/2009/02/court-expands-duty-to-corporate-officers-and-gener

The Miller decision should serve as a wakeup call to all in-house counsel and senior executives, many of whom are also officers of their corporations. The court has made clear that non-director corporate officers owe to the corporation the same Caremark and related fiduciary duties as …

Managing the increasing exposure to liability of in-house ...

https://www.lexology.com/library/detail.aspx?g=722f5f29-8caa-44fa-92e8-b1b6fab4062a

Mar 03, 2008 · Lawyers who are also directors or officers of a corporation may have duties to various entities: first and foremost, to the corporation, including its board of directors and its shareholders, but...

Pennsylvania Bar Association

http://www.pabar.org/public/committees/IN-01/pubs/inhouseguide.asp

This is because the In-House Counsel may play a number of roles within the corporation, such as corporate secretary, business negotiator, or vice president. Unlike an outside attorney hired by the corporation, an In-House Counsel usually wears two hats, and is not always working in the capacity of an attorney, but sometimes in a business role.

When Can You Defend Both a Corporation and Its Officers?

https://www.novackmacey.com/files/8614/6230/6155/MillerLiebmanDec09.pdf

longed to the corporation. If the corpora-tion does nothing to protect its interests, a minority shareholder could, after fol-lowing the proper procedures, file a de-rivative action. As a general rule, in a derivative suit, the corporation cannot have the same counsel as an accused officer. In Cannon v U. S. Acoustics Corp, the Northern

What’s Mine is Not Yours: Former Officers and Directors ...

https://www.bradley.com/insights/publications/2015/01/whats-mine-is-not-yours-former-officers-and-dire__

Jan 05, 2015 · In-house and corporate outside counsel should educate its officer/directors on the scope and contours of the corporate attorney–client privilege and how to establish and maintain the privilege. Without proper education, putatively privileged communications could later prove non-privileged rendering the entity-as-client approach moot.

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