“Reduction in Price for Company Facing Litigation Is Discoverable”
- Kirk Hartley
- Nov 8, 2017
- 1 min read
Can discovery be taken about a sale price discount for a company when the discount purportedly is to account for litigation risk? Yes, according to a late 2016 decision in the Northern District of Illinois in a case involving Juno Lighting. The decision “highlighted the contrast between the fact of a negotiated sale, a discoverable fact, and an attorney’s opinion about trial strategy, and a privileged opinion,” as explained in an April 28, 2017 article from the ABA Litigation News.
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