Case Study: In Re Almatis

Law360, New York (September 8, 2010, 5:53 PM EDT) -- The recent unpublished decision in In re Almatis BV, et al., Case No. 10-12308 (MG) provides important guidance for bankruptcy counsel on the application of the common-interest privilege.

In particular, the ruling by the Honorable Martin Glenn of the United States Bankruptcy Court for the Southern District of New York concerns the use of the common-interest privilege in the context of a dispute over the production of documents that were created and shared during the negotiation of a plan support agreement.

The Almatis decision addresses the...
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