The Not So 'Common' Interest Privilege Applied to M&A Deals

, New York Law Journal


John J. Calandra and Sandra Saunders of McDermott Will & Emery explore cases that demonstrate the stringent limitations that New York courts place on the common interest privilege when asserted in the context of an M&A deal; review and compare Delaware's broader approach to the common interest privilege; and examine which state's common interest privilege rules apply, and how parties may better shield the privilege through carefully drafted merger and sale agreements.

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