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- Title
Pragmatic Selective Waiver: Re-Aligning Corporate Executives' Personal Interests with Those of the Corporation Amidst Government Investigations.
- Authors
Carter, Erin M.
- Abstract
The article examines the selective waiver and the non-recognition of the doctrine that create perverse incentives of the corporate executive to abolish fiduciary duties in the U.S. It notes that government investigators requested the corporation to waive the attorney-client privilege or the so called "culture of waiver," during the course of investigation. However, it mentions that the proposed solution for the tension is not fruitful and new or amended legislation is needed to reconcile the competing imperatives of the issue.
- Subjects
UNITED States; WAIVER; FIDUCIARY responsibility; MONETARY incentives; EXECUTIVES; LEGAL ethics; ATTORNEY-client privilege; SUPEREROGATION; LEGISLATIVE amendments
- Publication
Vanderbilt Law Review, 2009, Vol 62, Issue 1, p239
- ISSN
0042-2533
- Publication type
Article