Joint Client and Post M&A: Maintaining Attorney-Client Privilege During Transactions and Litigation with an Entity Client


In-house and outside counsel representing business entities understand they represent the entity, rather than the individual owners or executives – but maintaining attorney-client privilege when representing an entity is harder amid litigation that affects subsidiaries, parent companies, and individual owners; and transactions in which the buyer could wind up owning the privilege post sale. Learn how to safeguard attorney-client privilege for an entity amid founders unable to understand the line between themselves and their company, litigation as interests diverge among parties on the same side, and transactions in which the buyers of an entity will soon own your client.