Alabama Privileged and Confidential Memorandum - Pipes

State:
Multi-State
Control #:
US-ENTREP-0045-1
Format:
Word; 
Rich Text
Instant download

Description

Memorandum written toprovide guidance as to "best practices and procedures" related to its corporate finance activities, namely raising capital in the form of privately-placed securities, commonly referred to as PIPEs, for existing publicly-traded issuers (pursuant to the rules and regulations of both the Securities Act of 1933 and the Exchange Act of 1934).
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  • Preview Privileged and Confidential Memorandum - Pipes
  • Preview Privileged and Confidential Memorandum - Pipes
  • Preview Privileged and Confidential Memorandum - Pipes
  • Preview Privileged and Confidential Memorandum - Pipes
  • Preview Privileged and Confidential Memorandum - Pipes
  • Preview Privileged and Confidential Memorandum - Pipes
  • Preview Privileged and Confidential Memorandum - Pipes

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FAQ

Both 503 and 503A protect "confidential communications." Rule 503(a)(3) states "[a] communication is 'confidential' if not intended to be disclosed to third persons other than those present to further the interest of the patient in the consultation, examination, or interview, or persons reasonably necessary for the ...

Under Rule 502, communications one knowingly makes in the presence of a third person generally are not privileged. Exceptions to this arise, of course, if the third person is a representative of either the client or the lawyer or is otherwise necessary for the communication.

The rule provides that when a confidentiality order governing the consequences of disclosure in that case is entered in a federal proceeding, its terms are enforceable against non-parties in any federal or state proceeding.

This privilege is codified in California law via Evidence Code 954, which gives your attorney the right to refuse to divulge the contents of your conversation, gives you the right to require confidentiality from your attorney, and with few exceptions, makes any breach of that confidence inadmissible in court.

Lack of personal knowledge. A witness may not testify to a matter unless evidence is introduced sufficient to support a finding that the witness has personal knowledge of the matter. Evidence to prove personal knowledge may, but need not, consist of the witness's own testimony.

The work-product doctrine protects documents prepared for a potential lawsuit, especially if they contain the company attorney's thoughts and opinions as Alabama's Rules of Civil Procedure state.

Generally, attorney?client privilege is seen as substantive law. See Republic Gear Co. v Borg-Warner Corp., 381 F. 2d 551, 555 n.

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Alabama Privileged and Confidential Memorandum - Pipes