• Kirk Hartley

“Reduction in Price for Company Facing Litigation Is Discoverable”

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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Updates and Analysis on the Cohen Materials

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.

About Kirk

Since becoming a lawyer in 1983, Kirk’s over 30 years of practice have focused on advising a wide range of corporations, associations, and individuals (as both plaintiffs and defendants) on both tort and commercial law issues centered around “mass torts.”


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