Bass, Berry & Sims attorneys Joe Crace, Britt Latham and Virginia Yetter authored an article analyzing two specific situations in the M&A context dealing with attorney-client privilege.
“First is the issue of when, if ever, communications between parties to a potential merger and their counsel are privileged, and when, if ever, parties to a potential merger can share privileged documents without waiving the privilege … A second issue involves who controls the attorney-client privilege over preclosing communications between the acquired company and its attorneys after a merger or other similar transaction has closed.”
To read the full article from Law360, “Preserving the Attorney-Client Privilege in M&A,” click here.