Lessons In Preserving The Atty-Client Privilege In M&A

Law360, New York (April 7, 2015, 11:06 AM EDT) -- Change-in-control transactions can present complicated questions concerning the attorney-client privilege, should litigation arise. Does any privilege protect post-signing, preclosing communications between the acquirer's and the target's respective counsel, or are those communications subject to discovery? And what happens post-closing to preclosing privileged communications — does the acquiring company also acquire the pre-merger privileged communications of the target? Recent decisions by courts in New York and Delaware help shed light on these questions and provide useful guidance on how to ensure that all available privileges are preserved....

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