Copyright © 2017 ALM Media Properties, LLC. All Rights Reserved.
You are defending a recently acquired company in a litigation. As part of pre-acquisition diligence, and prior to the litigation commencing, executives from your client and the company that acquired it shared analysis of facts relevant to the litigation. Now that the acquisition is complete, to what extent can these communications be protected by the attorney-client privilege, the work product doctrine or the common-interest exception to waiver? A recent decision from the Northern District of California strongly signals that companies engaged in pre-merger diligence should use great care in sharing information relating to potential litigations, as it may be very difficult to preclude disclosure down the road.