Privilege May Apply To Drafts Of SEC Filings

Law360, New York (January 16, 2009, 12:00 AM EST) -- A recent federal court decision provides a timely reminder for public companies to be attentive to attorney-client privilege when preparing U.S. Securities and Exchange Commission filings.

In Roth v. AON Corporation (N.D. Ill. Jan. 8, 2009), Magistrate Judge Morton Denlow held that an e-mail and attached draft of disclosure language circulated for comment among corporate employees and in-house counsel in connection with preparing an Annual Report on Form 10-K were protected from discovery by plaintiffs in a pending securities fraud action.

In so holding, Judge Denlow...
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