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

14 Dec , 2021

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Learn how best to protect and preserve the attorney-client privilege in M&A transactions both pre- and post- closing. Pre-closing privilege issues involve 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. Post-closing privilege issues concern how to protect the privilege applicable to deal communications that the acquiring party often tries to use against the selling party.

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