Confidentiality, Privilege and other Ethics Issues after the Merger: What to Do When You're in Post-Acquisition Dispute Litigation

Program Number: 2809

Program Date: 03/20/2018

Description

**** CD's are pre-order only and not available until after the program date - Online is not available until after the program date ****

Mergers, acquisitions, and asset sales raise a number of ethical issues, including who controls the confidentiality and privilege after the deal closes. These questions become that much more important when the buyer and seller are embroiled in litigation after the deal, at which time shared confidentiality and privileges and use of such information as evidence can pose complicated and expensive challenges for all parties involved. On top of these considerations, lawyers must abide by additional rules concerning, e.g., loyalty to clients. In this program, Michael Thompson and Jasmine Coo review the legal and ethical authorities concerning attorneys’ confidentiality, privilege and other ethical obligations (including ABA Model Rules 1.6 (Confidentiality of Information), 1.9 (Duties to Former Clients), 2.1 (Advisor), 3.7 (Lawyer as Witness) and ABA Informal Op. 857 (Attorney as Witness); discuss such issues as they arise in post-acquisition litigation; and what you can do both before the closing and afterward to address them.

$95.00Audio CD Add to Cart

Available in states

California, Colorado Eligible, Florida, Georgia, New Jersey Eligible, New York, New York - Experienced Attorneys Only, Texas Self Study

Credit Information

50 minute credit hour - 1.0 General CLE credit, including 1.0 Ethics credit, based on a 50-minute credit hour
60 minute credit hour - 1.0 General CLE credit, including 1.0 Ethics credit, based on a 60-minute credit hour

State Program Numbers

Credit Eligible for Experienced Attorneys Only in NY

Presenters


Jasmine Coo

Foley & Lardner

Jasmine Coo is an associate and litigation lawyer with Foley & Lardner LLP. She is a member of the Business Litigation and Dispute Resolution Practice, where she represents clients in a broad range of industries, including healthcare, pharmaceuticals, food and beverage, and manufacturing. She is experienced in diverse commercial litigation, including post-acquisition disputes and business torts. She has substantial trial and appellate experience.

 

Michael Thompson, Esq.

Foley & Laudner LLP

Michael Thompson is a senior counsel and business litigation lawyer with Foley & Lardner LLP, where he represents clients in a broad range of industries, including healthcare, biotechnology, insurance, and construction. He is experienced in diverse commercial litigation and appellate matters, including post-acquisition disputes, business contractual disputes, and business torts. Mr. Thompson is a member of the firm’s Business Litigation & Dispute Resolution, Securities Enforcement & Litigation, and Construction Practices. Mr. Thompson has been selected for inclusion in the 2010 – 2012 Massachusetts Super Lawyers-Rising Stars® editions for his general litigation work. In 2016, Mr. Thompson was also selected for inclusion in The National Black Lawyers “Top 40 Under 40.”

 

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