Parent-subsidiary communications and the attorney-client privilege

Article Abstract:

A bilateral control rule, rather than an unilateral control rule, should be applied to the waiver of attorney-client privilege in cases involving the divestiture of a subsidiary corporation. The unilateral control ruled adopted from the US Supreme Court's decision in Commodity Futures Trading Commission v. Weintraub is not appropriate in cases of divestiture. A bilateral control rule would better serve communications between parent, subsidiary and counsel.

Corporate counsel, Confidential communications, Waiver (Civil procedure), Case Note

---

Antitrust divestiture in network industries

Article Abstract:

The forms of economic competition relevant to antitrust analysis in dynamic industries are outlined, and a test for choosing an appropriate remedy in network monopolization cases is proposed. Divestiture proposals made by the government following the district court's decision in United States v. Microsoft are analyzed.

---

Partial ownership of subsidiaries, unity of purpose, and antitrust liability

Article Abstract:

The author discusses standards for the antitrust liability of a parent company for conspiracy with a partially owned subsidiary. He proposed clearer standards based on the amount of control by the parent of the subsidiary's voting and common stock.

Evaluation, Laws, regulations and rules, Corporations, Tort liability, Tort liability of corporations, Conspiracy

Similar abstracts:

• Abstracts: Private parties, public functions and the new administrative law. Public purpose and private service: the twentieth century culture of contracting out and the evolving law if diffused sovereignty
• Abstracts: Private parties, public functions and the new administrative law. part 2 Federal Tort Claims Act administrative claims: better than third-party ADR for resolving federal tort claims
• Abstracts: The prudent operator standard: applications beyond the oil and gas lease. The mutual benefit implied covenant for oil and gas royalty owners
• Abstracts: The Forest Service, water yield and community stability: defining the contours of an agency commitment to include land grant communities in the Timber Management Program
• Abstracts: Section 7 of the Endangered Species Act and the art of compromise: the evolution of a reasonable and prudent alternative for the Animas-La Plata Project

This website is not affiliated with document authors or copyright owners. This page is provided for informational purposes only. Unintentional errors are possible.