common interest doctrine

Joe Crace
Joseph B. Crace, Jr.
Britt Latham
Britt K. Latham

One of the interesting recurring issues arising in M&A transactions is the question of the extension of attorney client privilege to information shared during transactional due diligence. In the following guest post, Joseph B. Crace, Jr. and Britt K. Latham take a look a recent New York Court of Appeals decision examining the question of the extension of the common interest doctrine to privileged information shared between parties to a prospective merger. A version of this article was originally published by Bass, Berry & Sims in the firm’s annual “Securities & Shareholder Litigation 2017: A Look Ahead” (here). I would like to thank Joe and Britt for their willingness to publish their article as a guest post on this site. I welcome guest post submissions from responsible authors on topics of interest to this blog’s readers. Please contact me directly if you would like to submit a guest post. Here is Joe and Britt’s guest post.
Continue Reading Guest Post: Pitfalls of Sharing Privileged Information During Due Diligence