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Articles & Interviews

Privilege

Delaware Court Provides Transactional and Practical Guidance: Part II

In his previous Privilege Point, McGuireWoods partner, Thomas Spahn, described a Delaware Chancery Court’s analysis of pre-closing privileged transactional documents in: (1) a stock sale (in which the statutory “default” position is that the buyer acquires those documents, unless the seller explicitly negotiates their exclusion); and (2) an asset sale (in which the seller retains ownership of those, unless the buyer explicitly negotiates for their transfer). Here, he picks up where he left off.

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Privilege

Delaware Court Provides Transactional and Practical Guidance: Part I

Corporate stock and asset sale transactions necessarily implicate ownership of: (1) ordinary day-to-day privileged communications about environmental matters, labor matters, etc., and (2) privileged communications about the transactions themselves. Buyers and sellers normally agree that the buyer should receive the first type, but disputes frequently arise about the second type.

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What Investment Advisers and Broker-Dealers Should Expect After the First Wave of COVID-19

With the confluence of our current global health and economic crises, these are unprecedented times. As we witnessed in the post-2008 financial crisis world, frauds, Ponzi schemes, and misconduct, undertaken by those who wanted to take advantage of the crisis, come to light.

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