Pam Menaker Writes Article for Litigation News on Attorney-Client Privilege Case in Delaware

Pamela Sakowicz Menaker, Communications Partner at Clifford Law Offices and Associate Editor of the American Bar Association (ABA) Litigation News, authored an article on the issue of attorney-client privilege in a business merger. “Attorney-Client Privilege Passes to Acquiring Company in Merger” appeared in the March issue of Litigation News that is disseminated to the 60,000+ members of the ABA Section of Litigation. The article surrounds the case of Great Hill Equity Partners IV v. SIG Growth Equity Fund,80 A.3d 155, 2013 De. Ch. LEXIS 280 (Del. Ch. Ct. Nov. 15, 2013) that arose out of the Delaware Court of Chancery involving a dispute between two parties in a merger. After the merger, the acquiring company apparently had buyer’s remorse after learning of some evidence of alleged fraud in the communications it obtained in the merge. The question was whether the attorney-client privilege applied. The court answered no under the Delaware statute. To read the entire article, click here.