The Intersection Among Torts, Science, Corporate Law, Insurance & Bankruptcy
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.
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 agre
SFO v ENRC Appeal Underway in UK Regarding Companies and Privilege Related to Alleged Corporate Crim
According to various UK lawyers, the privilege issues inn SFO v. ENRC are critical for companies and lawyers involved in allegations of criminal misconduct. Three days of argument start today. This J
Todd Presnell blogs on privilege, and is always cogent. This morning (May 7, 2018), he provided a cogent update (with links) to orders on the materials from the Ken Cohen raid, and related analysis.