The transfer of information is often the most delicate part of merger and acquisition transactions. But amid tough negotiations about the value of the trademarks, patents, proprietary processes and customer lists, many attorneys and their corporate clients may not adequately address the transfer of a very important piece of information: the protection of attorney-client privilege concerning their communications.
Several recent court cases should remind Pennsylvania attorneys handling corporate mergers, acquisitions and dissolutions that they must tell their clients how and when they can protect their past communications that enjoy the attorney-client privilege.
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