Confidentiality, Privilege and other Ethics Issues after the Merger: What to Do When You're in Post-Acquisition Dispute Litigation

Program Date: 03/20/2018
Description
Mergers, acquisitions, and asset sales raise a number of ethical issues, including who controls the confidentiality and privilege after the deal closes. These questions become that much more important when the buyer and seller are embroiled in litigation after the deal, at which time shared confidentiality and privileges and use of such information as evidence can pose complicated and expensive challenges for all parties involved. On top of these considerations, lawyers must abide by additional rules concerning, e.g., loyalty to clients. In this program, Michael Thompson and Jasmine Coo review the legal and ethical authorities concerning attorneys’ confidentiality, privilege and other ethical obligations (including ABA Model Rules 1.6 (Confidentiality of Information), 1.9 (Duties to Former Clients), 2.1 (Advisor), 3.7 (Lawyer as Witness) and ABA Informal Op. 857 (Attorney as Witness); discuss such issues as they arise in post-acquisition litigation; and what you can do both before the closing and afterward to address them.
Available in states
California, Colorado Eligible, Florida, Georgia, New Jersey Eligible, New York, New York - Experienced Attorneys Only, Texas Self Study
Credit Information
50 minute credit hour - 1.0 General CLE credit, including 1.0 Ethics credit, based on a 50-minute credit hour
60 minute credit hour - 1.0 General CLE credit, including 1.0 Ethics credit, based on a 60-minute credit hour
State Program Numbers
Credit Eligible for Experienced Attorneys Only in NY
Program Categories
Corporate and Commercial Law
Corporate and Securities Law
Ethics & Professionalism
Federal Courts
Florida Eligible
In-House Counsel
Litigation & Litigation Skills
Securities & Investing
Presenters
![]() Jasmine Coo Foley & Lardner |
Jasmine Coo is an associate and litigation lawyer with Foley & Lardner LLP. She is a member of the Business Litigation and Dispute Resolution Practice, where she represents clients in a broad range of industries, including healthcare, pharmaceuticals, food and beverage, and manufacturing. She is experienced in diverse commercial litigation, including post-acquisition disputes and business torts. She has substantial trial and appellate experience. |
![]() Michael Thompson, Esq. Foley & Laudner LLP |
Michael Thompson is a senior counsel and business litigation lawyer with Foley & Lardner LLP, where he represents clients in a broad range of industries, including healthcare, biotechnology, insurance, and construction. He is experienced in diverse commercial litigation and appellate matters, including post-acquisition disputes, business contractual disputes, and business torts. Mr. Thompson is a member of the firm’s Business Litigation & Dispute Resolution, Securities Enforcement & Litigation, and Construction Practices. Mr. Thompson has been selected for inclusion in the 2010 – 2012 Massachusetts Super Lawyers-Rising Stars® editions for his general litigation work. In 2016, Mr. Thompson was also selected for inclusion in The National Black Lawyers “Top 40 Under 40.” |
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