Attorney-Client Privilege in M&A Deals: Lessons From Recent Cases for Preserving and Controlling the Privilege
Recording of a 90-minute CLE webinar with Q&A
This CLE webinar will guide deal counsel in navigating the challenges of preserving and controlling the attorney-client privilege in the context of M&A transactions. The panel will discuss when and how the attorney-client privilege is implicated in communications and documents exchanged between prospective deal parties as well as between deal parties and other members of the transaction team, such as investment bankers and other financial advisors. The panel will also examine the developing body of case law on who controls the privilege when litigation arises after a deal has closed and implications for M&A practitioners.
- Overview of attorney-client privilege issues in the context of M&A
- Recent case law developments
- Best practices to preserve the privilege
- During deal due diligence negotiations
- During litigation post-closing
The panel will review these and other key issues:
- What lessons do recent court rulings offer M&A counsel in developing best practices and advising deal parties to protect privileged communications?
- In what circumstances can counsel clearly assert the privilege—and how can counsel navigate the grey areas?
- How can the common interest privilege be leveraged to protect pre-closing confidential communications when litigation ensues post-closing?
Lisa R. Bugni
Alston & Bird
Ms. Bugni’s practice focuses on a variety of securities litigation matters and other complex commercial and... | Read More
Ms. Bugni’s practice focuses on a variety of securities litigation matters and other complex commercial and business-related litigation. Ms. Bugni has experience in securities fraud class actions, shareholder derivative suits, M&A litigation and post-closing transaction disputes. She has served as counsel in numerous M&A litigation matters to directors and officers, including a bank holding company, a healthcare company, a building products company and an international power company.Close
Gregory A. Markel
Cadwalader Wickersham & Taft
Mr. Markel is a nationally known trial lawyer who concentrates his practice on corporate governance litigation, mergers... | Read More
Mr. Markel is a nationally known trial lawyer who concentrates his practice on corporate governance litigation, mergers and acquisition litigation, directors and officers defense, securities litigation, and antitrust litigation, particularly in bet your company cases. He is frequently called on to comment on legal issues for the Wall Street Journal, The Financial Times, CNBC, Bloomberg TV, The New York Times, Time, Newsweek and the Associated Press. Mr. Markel is a frequent lecturer on a variety of legal topics.Close