Questions of law and fact continue to evolved regarding post-merger claims of privilege between buyer and seller.  A May 29, 2019 Delaware chancery opinion addresses the fact pattern in which the agreement included language preserving the privilege for seller but the seller failed to incur the time and effort needed to actually segregate the privileged

Claims for legal advice privilege are becoming more difficult and narrower in the EU, according to a February 10, 2017 article published at JD Supra by Latham & Watkins. The article is: Reserving Privilege for the Few: The High Court Confirms the Narrow Interpretation of “Client” for the Purposes of Legal Advice Privilege.

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A new (June 9, 2016) opinion from the New York Court of Appeals significantly limits claims to a common interest privilege in connection with pre-merger communications. Therefore, the opinion is drawing significant attention from corporate lawyers and litigators. Some key takeaways are provided in a June 16, 2016 post by lawyers from Cadwalader. Another