Recent ‘Advice of Counsel’ Decisions May Affect Corporate ‘Yates Memo’ Planning



In Depth

Michael Peregrine wrote this bylined article analyzing two recent, unrelated federal court decisions that may undermine the “advice of counsel” defense for corporations, boards and employees facing civil litigation. “The ultimate decision in each case was jarring, arguably harsh, and unsettling—considering the comfort that many corporate executives and board members have historically taken in the advice of counsel defense,” Mr. Peregrine wrote. Read the full article.