We’ve spent a lot of time dissecting Bank of America’s decision to partially waive attorney-client privilege under pressure from federal authorities investigating the bank’s frenzied merger with Merrill Lynch. But might there be another privilege issue brewing in the Lehman Brothers bankruptcy case?

It appears there may be: Weil, Gotshal & Manges, Lehman’s lead bankruptcy counsel, is in the process of turning over documents related to the controversial sale of some of Lehman’s prime assets to Barclays in the days after Lehman’s Sept. 15, 2008, bankruptcy filing. Many of those documents were formerly protected by attorney-client privilege, though it is unclear whether any of them will ever make it to the public eye, according to a source familiar with the matter.

This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.

To view this content, please continue to their sites.

Not a Lexis Subscriber?
Subscribe Now

Not a Bloomberg Law Subscriber?
Subscribe Now

Why am I seeing this?

LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.

For questions call 1-877-256-2472 or contact us at [email protected]