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Purchase Agreement Attorney-Client Privilege

Davies Ward Phillips & Vineberg LLP

Ownership of Privileged Communications in M&A Transactions: Practical Takeaways and Recent Case Law

Traduction en cours. Can the buyer in a M&A transaction who takes possession of the seller’s or target company’s privileged communications on closing use those communications in a post-closing dispute against the seller?...more

Gray Reed

Potential Pitfalls in Waiving or Retaining Attorney-Client Privilege over Pre-Closing Communications in Asset Sales

Gray Reed on

In DLO Enterprises, Inc. v. Innovative Chemical Products Group, LLC, the Delaware Court of Chancery (the “Court”) in an unpublished opinion analyzed whether the asset purchase agreement included the sale to the buyer of the...more

Troutman Pepper

Attorney-Client Privilege Does Not Pass to the Buyer in Asset Deal

Troutman Pepper on

A recent Delaware Court of Chancery decision confirms that, unlike in statutory mergers, the attorney-client privilege will remain with the target entity in an asset sale unless the attorney-client privilege is explicitly...more

White and Williams LLP

Delaware Chancery Court Addresses the Seller’s Preservation of Privilege Post-Closing

White and Williams LLP on

Preserving privilege with respect to pre-closing communications between a selling corporation’s counsel and its management is an important negotiation point in many transactions, so that the seller can prevent the buyer from...more

Poyner Spruill LLP

The Common Interest Doctrine: Lessons on avoiding an inadvertent waiver of the attorney-client privilege

Poyner Spruill LLP on

Most lawyers are familiar with the general rule that a client waives the attorney-client privilege by disclosing the privileged information to third parties. The common interest doctrine, however, provides an exception to...more

McGuireWoods LLP

Another Court Deals with Privileged Communications' Ownership after a Corporate Transaction

McGuireWoods LLP on

Most if not all courts recognize that selling a corporation's stock transfers ownership of the corporation's privileged communications. These can include even communications about the sale transaction. Great Hill Equity...more

Bennett Jones LLP

Share Purchase Transactions, Solicitor-Client Privilege and Multiple Representations: A Cautionary Tale for Corporate Counsel Case...

Bennett Jones LLP on

An interesting set of questions arises from share purchase transactions regarding the existence of, and parties to, the solicitor-client privilege over the correspondence between the parent, subsidiary and corporate counsel....more

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