Attorney-Client Privilege in M&A Deals: Preserving and Controlling the Privilege
Recording of a 90-minute premium CLE webinar with Q&A
This CLE course will guide deal counsel in navigating the challenges of preserving and controlling the attorney-client privilege in 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 members of the transaction team, such as investment bankers and other financial advisers. 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
- Pre-closing privilege issues
- Common interest doctrine
- Waiver issues relating to financial advisers
- Post-closing privilege issues
- Privilege issues relating to transaction communications
- Best practices to preserve the privilege
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 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
King & Spalding
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
Partner; Co-Head of Securities Litigation
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. Mr. Markel frequently speaks to the press and others on a range of topics, such as director’s and officer’s liability, securities law, commercial litigation, accountants’ defense, law firm management and Internet litigation.Close