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Delaware Court Clarifies Retention of Privilege in Asset Sales

A June 1, 2020, unpublished opinion from the Delaware Chancery Court clarified the default rule governing the retention of privileged communications in asset purchases, as distinct from mergers or other transactions in which...more

NY Appellate Division Affirms Seller Retains Privilege for Certain Pre-acquisition Communications

On Nov. 27, 2019, the New York Appellate Division for the Second Department affirmed New York’s longstanding rule that the attorney-client privilege regarding pre-acquisition or pre-merger communications about the transaction...more

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