Surviving Corp. Gets Premerger Attorney-Client Privilege

Law360, New York (December 10, 2013, 11:47 PM EST) -- The Delaware Court of Chancery recently ruled that, absent express contractual provisions to the contrary, control of a target company's premerger attorney-client communications transfers to the surviving corporation in a merger pursuant to Section 259 of the Delaware General Corporation Law (the "DGCL"). As a result, we recommend that parties to a merger discuss the intended treatment of the attorney-client privilege with respect to premerger communications and, if necessary, reflect their desired arrangements in the transaction documentation....

Law360 is on it, so you are, too.

A Law360 subscription puts you at the center of fast-moving legal issues, trends and developments so you can act with speed and confidence. Over 200 articles are published daily across more than 60 topics, industries, practice areas and jurisdictions.


A Law360 subscription includes features such as

  • Daily newsletters
  • Expert analysis
  • Mobile app
  • Advanced search
  • Judge information
  • Real-time alerts
  • 450K+ searchable archived articles

And more!

Experience Law360 today with a free 7-day trial.

Start Free Trial

Already a subscriber? Click here to login

Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!