How To Protect Atty-Client Communications After A Merger

Law360 (September 26, 2019, 9:58 AM EDT) -- When negotiating deals for clients, lawyers should heed an often-overlooked 2013 ruling on the issue of who will own privileges over attorney-client communications because a failure to do so can result in legal trouble down the line, experts say.

There are a litany of matters that need to be addressed when working out a merger agreement, including the specifics of how a purchase price will be paid and which closing conditions a deal will be contingent upon. But one area that some lawyers miss was addressed in a 2013 Delaware Court of Chancery ruling — the question of which party will own privileges...

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