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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 program is included with the Strafford CLE Pass. Click for more information.
This program is included with the Strafford All-Access Pass. Click for more information.

Conducted on Tuesday, September 14, 2021

Recorded event now available

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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.


Attorney-client privilege issues abound in M&A transactions due to the disclosure of sensitive information between prospective deal parties during due diligence and negotiations, as well as the disclosure of deal-related documents to financial advisers and other third parties.

Accordingly, counsel advising deal parties must provide guidance on sharing information without waiving the privilege.

Our panel 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 and members of the transaction team, such as investment bankers and other financial advisers.

Listen as our authoritative panel of attorneys examines current issues surrounding the attorney-client privilege in the context of M&A deals, including who holds the privilege, how it can be waived, and how to shield the information. In addition, the panel will discuss their insights and best practices to preserve and control the privilege.



  1. Overview of attorney-client privilege issues in the context of M&A
  2. Pre-closing privilege issues
    1. Common interest doctrine
    2. Waiver issues relating to financial advisers
  3. Post-closing privilege issues
  4. Privilege issues relating to transaction communications
  5. 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?


Corley, Jessica
Jessica P. Corley

King & Spalding

Ms. Corley is a partner in the Atlanta office, where she concentrates her practice on securities and complex commercial...  |  Read More

Markel, Gregory
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

Morduchowitz, Daphne
Daphne Morduchowitz

Seyfarth Shaw

Ms. Morduchowitz focuses on financial services litigation, white-collar defense, and complex commercial litigation....  |  Read More

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