News & Analysis as of

Purchase Agreement Discovery

Bennett Jones LLP

Ten Takeaways for Private M&A Sellers and Buyers in Canada from Recent Court Decision

Bennett Jones LLP on

A private M&A purchase agreement customarily includes extensive representations and warranties and indemnification provisions. Post-closing, if the buyer alleges a breach of those provisions claiming significant damages, and...more

Dorsey & Whitney LLP

Delaware Court of Chancery Strictly Construes Shareholder Representative Provision, Complicating Discovery from Shareholders

Dorsey & Whitney LLP on

Following a recent Delaware case, buyers in M&A deals should ensure that their purchase agreements adequately provide for access to information from the seller in case of post-closing disputes. In Fortis Advisors, LLC v....more

McDermott Will & Emery

Federal Patent-Agent Privilege Not Recognized in Texas State Courts

McDermott Will & Emery on

Finding that Texas state courts lacked authority to recognize common-law discovery privileges, the Texas Court of Appeals for the Fifth District refused to recognize the US Court of Appeals for the Federal Circuit’s recently...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

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