Partner Connie Yu's article, "Reliance on Advice of Counsel Defense in Business Torts" in the California Minority Counsel Program's e-newsletter

Attorneys are among the wide range of advisors that businesses, officers and directors rely upon to assist them in making informed business decisions. California courts have recognized the “advice of counsel” defense since as early as 1862.1 Despite the defense’s long tenure in California jurisprudence, only a dearth of decisions exists in the context of business torts outside of patent infringement and bad faith insurance coverage cases. Moreover, California jurisprudence treats the defense differently depending on the context in which is raised. This article examines the current state of California law relating to the advice of counsel defense in business litigation.

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