Attorney-client privilege may endure until death—but not upon the sale of a company. At least that’s what the Delaware Court of Chancery ruled recently.
According to Shep Davidson in Burns & Levinson’s The In-House Advisor, the gist of the judgment was that “the new owners of a business can waive the privilege with respect to communications that the former owner had with company counsel solely to use those communications as evidence against the former owners.”
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