The attorney-client privilege covering communications made in anticipation of a business merger belong to the company that resulted from the merger, not the executives of the company that was swallowed, a federal judge in Philadelphia has ruled.
After a business deal soured following a merger in 2013, the primary investor that absorbed a fiber-optics business called Utilipath sued the former owners of Utilipath and the holding company they created to further the merger. The judge refers to the current and former entities as new Utilipath and old Utilipath in the opinion—the two entities each claimed to hold the privilege for communications with the law firm of Wishart Norris in the run-up to the merger.
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