Corporate Litigation: Post-Merger Control of Attorney-Client Privilege
In his column on Corporate Litigation published in the New York Law Journal, Joseph M. McLaughlin reviews a Delaware Court of Chancery opinion adopting a bright-line rule that any attorney-client privilege attached to pre-merger communications – whether they relate to business operations or the negotiation of the merger itself – pass to the acquirer in the merger, unless the parties agree otherwise in the merger agreement.