Dec. 10, 2002

Scope of Manager's Privilege Hinges on Subjective Intent of the Advisor

Focus Column - Business Law - By Clyde M. Hettrick and Steven C. Valerio - Rather than punishing a party to a contract with extracontractual damages for breaching a contract, the law actually encourages breaches where efficiencies can result. But what of the potential liability of outside advisers, such as attorneys or turnaround specialists, who counsel a party to breach its contract? Can an outside consultant be sued for tortiously inducing breach and subjected to extracontractual or even