Managing Corporate Books and Minutes to Protect Privilege: Applying the Garner Test
Implications of Employees Retirement System of Rhode Island v. Facebook
Recording of a 90-minute CLE video webinar with Q&A
This CLE course will advise corporate secretaries, in-house counsel, directors, and other governance professionals in implementing best practices for maintaining corporate books and records to protect privilege in anticipation of shareholder and other litigation. The panel will discuss the recent decision in Delaware on applying the Garner test to corporate records in shareholder litigation. The webinar will offer best practices and critical considerations for boards and their corporate secretaries when developing the agenda for board and committee meetings, compiling and distributing meeting materials, and drafting and maintaining meeting minutes to retain privilege.
- General corporate board meeting minutes, agendas, and other written records practice
- Employees' Retirement Sys. of Rhode Island v. Facebook Inc.
- Garner test
- Best practices
The panel will address these and other relevant topics:
- How can detailed recordkeeping benefit corporate boards of directors? What potential harms arise from detailed records?
- What are the implications of the decision in Employees' Retirement Sys. of Rhode Island v. Facebook Inc.?
- What factors in the Garner test should corporate counsel consider in corporate records maintenance?
- What are the essential document retention strategies to mitigate privilege liability?
Gregory A. Markel
Partner; Co-Head of Securities Litigation
Mr. Markel is a nationally known trial lawyer who concentrates his practice on corporate governance litigation, mergers... | Read More
Mr. Markel is a nationally known trial lawyer who concentrates his practice on corporate governance litigation, mergers and acquisition litigation, directors and officers defense, securities litigation and antitrust litigation, particularly in bet your company cases. Mr. Markel frequently speaks to the press and others on a range of topics, such as director’s and officer’s liability, securities law, commercial litigation, accountants’ defense, law firm management and Internet litigation.Close
Ms. Fedner represents large corporations and individuals in both national and international disputes. She provides... | Read More
Ms. Fedner represents large corporations and individuals in both national and international disputes. She provides strategic and innovative defenses for these large corporations, as well as startup companies, who are subjected to ever-increasing litigation brought by their shareholders. Ms. Fedner frequently writes and prepares panel presentations relevant to new developments in securities litigation.Close
Kimberly M. Ingram
Bradley Arant Boult Cummings
Ms. Ingram focuses her practice on complex commercial and business litigation and appellate matters in state and... | Read More
Ms. Ingram focuses her practice on complex commercial and business litigation and appellate matters in state and federal courts. She strives to provide clients with consistent communication, high-quality advocacy and strategic solutions that fit clients’ real-world needs.Close