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The Waymo driverless car is displayed during a Google event, Tuesday, Dec. 13, 2016, in San Francisco. The self-driving car project that Google started seven years ago has grown into a company called Waymo. The new identity announced Tuesday marks another step in an effort to revolutionize the way people get around. Instead of driving themselves, people will be chauffeured in robot-controlled vehicles if Waymo, automakers and ride-hailing service Uber realize their vision within the next few years. Photo: Eric Risberg/AP

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.

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