We use cookies

Moalem Weitemeyer uses cookies, including cookies from third parties, needed to make the website work and to enhance the user experience. Cookies are also used to detect inexpediencies and to examine your interactions with our website. Read more about how we use cookies and take care of your data here

Necessary/functional

Statistical

Accept

1 September 2020

Recent Delaware Court Decision on privileged Communications between Management and Legal Counsel – Danish Perspectives

In a recent decision dated 21 August 2020, the Delaware Court of Chancery (In re WeWork Litigation) held that management cannot unilaterally decide to withhold its communication with the in-house or external legal counsel from the board of directors or individual members of the board. Accordingly, directors have unfettered access to legal advice provided to the board or the company. This access can only be limited in exceptional circumstances, such as if a special committee of the board obtains separate legal counsel, and then only to the extent of the special committee’s authority or if certain board members have interests that may be adverse to the company and could thus not expect to be considered clients of the legal counsel in question. The decision highlights a number of issues of relevance to Danish companies and seeks to provide a perspective on the corresponding provisions applicable under Danish company law.

Dan Moalem

Partner

+45 30 37 96 10

Go to profile

Henning Hedegaard Thomsen

Partner

+45 30 37 96 18

Go to profile

The Latest

See all insights

15 January 2021

Nasdaq Copenhagen considering Framework for listing of Special Purpose Acquisition Companies (“SPAC”)

14 January 2021

New Decision on Restrictive Trade Agreements

14 January 2021

Moalem Weitemeyer Associates dominate the League Tables

13 January 2021

Moalem Weitemeyer tops the Mergermarket Individual League Tables in 2020

6 January 2021

Moalem Weitemeyer gains M&A Market Share in the Mergermarket 1Q-4Q 2020 M&A Trend Report

5 January 2021

Brexit: How to transfer Personal Data to the UK and Implications for M&A Transactions in Progress

4 January 2021

The EU Commission proposes new Digital Platform Regulation

28 December 2020

New Employee Share Scheme for smaller Companies

23 December 2020

Proposal for new Danish Act on Screening of Foreign Direct Investments in Denmark

18 December 2020

Handling of Employees in the Transfer of a Business in Bankruptcy