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Post-Petition Privilege In Corporate Bankruptcies

Law360 (November 11, 2008, 12:00 AM EST) -- Decades after the U.S. Supreme Court settled a split between the Circuits by ruling that a trustee in bankruptcy has authority to waive a corporation's attorney-client privilege with regard to pre-bankruptcy communications, the issue of post-petition attorney-client privilege remains open.

Data from the Administrative Office of the U.S. Courts shows that compared to the first half of 2007, business bankruptcies have increased over 40 percent for the first half of 2008.

With the increase in companies seeking protection in bankruptcy, the issue of who holds the...
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