Attorney-Client Privilege in M&A Deals: Preserving and Controlling the Privilege

A live 90-minute premium CLE video webinar with interactive Q&A

Tuesday, September 14, 2021

1:00pm-2:30pm EDT, 10:00am-11:30am PDT

Early Registration Discount Deadline, Friday, August 20, 2021

or call 1-800-926-7926

This CLE webinar 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?


Bugni, Lisa
Lisa R. Bugni

King & Spalding

Ms. Bugni’s practice focuses on a variety of securities litigation matters and other complex commercial and...  |  Read More

Markel, Gregory
Gregory A. Markel

Seyfarth Shaw

Mr. Markel is a nationally known trial lawyer who concentrates his practice on corporate governance litigation, mergers...  |  Read More

Attend on September 14

Early Discount (through 08/20/21)

Cannot Attend September 14?

Early Discount (through 08/20/21)

You may pre-order a recording to listen at your convenience. Recordings are available 48 hours after the webinar. Strafford will process CLE credit for one person on each recording. All formats include program handouts.

To find out which recorded format will provide the best CLE option, select your state:

CLE On-Demand Video