Eric M Fishman

September 19, 2017 | Corporate Counsel

You are defending a recently acquired company in a litigation. As part of pre-acquisition diligence, and prior to the litigation commencing, executives from your client and the company that acquired it shared analysis of facts relevant to the litigation. Now that the acquisition is complete, to what extent can these communications be protected by the attorney-client privilege, the work product doctrine or the common-interest exception to waiver?

By Eric M. Fishman and Ross M. Bagley

10 minute read