Attorney-Client Privilege in M&A Deals: Preserving and Controlling the Privilege
Recording of a 90-minute premium CLE video webinar with Q&A
This CLE course 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.
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 grey areas?
- How can the common interest privilege be leveraged to protect pre-closing confidential communications when litigation ensues post-closing?
Faculty
Jessica P. Corley
Partner
King & Spalding
Ms. Corley is a partner in the Atlanta office, where she concentrates her practice on securities and complex commercial... | Read More
Ms. Corley is a partner in the Atlanta office, where she concentrates her practice on securities and complex commercial litigation, including securities class actions, derivative suits and M&A litigation. She also counsels companies and their directors and officers on regulatory investigations, disclosure issues, fiduciary duties in the deal context, and director and officer insurance coverage. Ms. Corley also provides clients with proactive counseling to avoid the pitfalls of securities litigation before they arise.
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Gregory A. Markel
Partner; Co-Head of Securities Litigation
Seyfarth Shaw
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.
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Daphne Morduchowitz
Partner
Seyfarth Shaw
Ms. Morduchowitz focuses on financial services litigation, white-collar defense, and complex commercial litigation.... | Read More
Ms. Morduchowitz focuses on financial services litigation, white-collar defense, and complex commercial litigation. She has successfully advised on many significant and high-profile matters over the past decade. She has extensive experience representing public companies, special committees, and individual officers and directors of large publicly traded corporations in both federal and state courts, as well as in connection with regulatory investigations. She regularly defends clients against shareholder class action lawsuits, derivative actions, and enforcement actions and is experienced with M&A Litigation, including defending clients against challenges to going-private transactions, proxy statement challenges, and earn-out disputes. She also represents clients in breach of contract disputes and bankruptcy-related litigation.
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