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Attorney-Client Privilege in Ownership Disputes: Three Ways Companies Can Shield Privileged Communications From Their Directors

Directors owe fiduciary duties to the company. To make informed decisions and satisfy those fiduciary duties, directors generally have broad access to the company’s books and records.

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Cannabis Legalization in Key States: Connecticut Becomes Fifth State in 2021 to Legalize Recreational Marijuana

Following its neighboring states, Connecticut legalized recreational cannabis after Governor Ned Lamont signed the Responsible and Equitable Regulation of Adult-Use Cannabis Act (RERACA) on June 22.

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Theranos Founder Elizabeth Holmes’s Trial Tests Attorney-Client Privilege

Elizabeth Holmes, founder and ex-CEO of now-defunct blood testing start-up Theranos, is once again making headlines, this time for her upcoming criminal trial and related court proceedings.

Article

COVID-19 and Rule 10b-5

University of Richmond Law Review

Blog Post

The FTC’s Operation CBDeceit, A Piece of the CBD Regulatory Pie

Schiff Hardin Product Liability & Mass Torts Blog

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Ninth Circuit Decision on Pacific Walrus Illustrates Executive Branch Limits

Schiff Hardin Energy & Environmental Law Adviser

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OSHA Issues COVID-Related Emergency Rule and Recommendations

Schiff Hardin Employment Law Landscape

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Michigan Legislature Passes Bills Exempting Certain PPE from Sales and Use Tax

On June 8, the Michigan legislature, in an overwhelming bipartisan vote, passed two bills providing for exemptions from the state’s sales and use tax for certain personal protective equipment and supplies (PPES).

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Attorney-Client Privilege in Ownership Disputes: When Directors Can Access Privileged Corporate Records

Consider this scenario: the directors of ABC, Inc. are choosing sides over control of the company, although no director has sued any other director or the company yet. John is one of ABC’s directors. He wants to review emails between other board members and ABC’s attorneys discussing the battle for control. Can a majority of ABC’s directors withhold these privileged communications from John?

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Business Tax Changes in the Illinois 2022 Budget

On June 1, 2021, the Illinois General Assembly passed S.B. 2017, implementing the State of Illinois budget for the 2022 fiscal year, which Governor J.B. Pritzker is expected to sign. The bill includes several material changes to Illinois state taxes affecting many businesses.

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ADA Website Litigation Continues to Proliferate in 2021

U.S. companies have been inundated with lawsuits in the past several years alleging that their websites do not comply with the Americans with Disabilities Act (ADA) and various state laws, including the California Unruh Act.

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