Attorney-Client Privilege in M&A Deals: Ethics, Best Practices, and Traps for the Unwary
30 minutes of Ethics credit available
Recording of a 90-minute premium CLE video webinar with Q&A
This CLE course will examine the developing body of case law on who controls the privilege when litigation arises after a deal has closed and the implications for M&A practitioners.
Outline
- 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
Benefits
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 gray areas?
- How does the common interest doctrine factor into assessing privilege protection when litigation ensues post-closing?
Faculty
Jeffrey Schomig
Attorney
Wilmer Cutler Pickering Hale and Dorr
Mr. Schomig is a highly regarded practitioner of legal privileges, including the attorney-client, work product,... | Read More
Mr. Schomig is a highly regarded practitioner of legal privileges, including the attorney-client, work product, associational and bank examination privileges, and the privilege for self-critical analysis. Aside from litigating these privileges in a range of civil and criminal contexts, Mr. Schomig’s practice includes pro-active counseling and risk management to help companies and other organizations develop effective, tailored privilege guidelines. A frequent contributor to the literature on privileges, Mr. Schomig has also served as an advisor to the ABA on issues of international privilege law.
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Lawrence Silverman
Partner
Sidley Austin
Mr. Silverman has vast experience in antitrust, class action, mass action and commercial litigation matters. His... | Read More
Mr. Silverman has vast experience in antitrust, class action, mass action and commercial litigation matters. His antitrust practice focuses on distribution law issues (such as MAP, resale, and unilateral pricing policies, internet sales restrictions, and dealer agreements), state, federal, and civil cartel investigations, and governmental premerger approvals.
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