In this new article: "Sharing Board Meeting Minutes With Independent Auditors: A Litigator’s Perspective," Sidley explains the differences between the attorney-client privilege and work product protection with reference to potential waiver implications associated with sharing the minutes with the company's independent auditor. The instructive tutorial gives guidance to companies on how to reduce the likelihood on an inadvertent waiver by understanding the differences between, and taking prudent steps to safeguard, these two protections.
See our 2019 member-requested benchmarking survey: "Auditor Access to Board Minutes/Materials" and Cleary Gottlieb's "Audits and Adversaries: Making Disclosures to Your Auditors Without Waiving Your Privilege" posted on our Audit & Audit Firms page.
This post first appeared in the weekly Society Alert!