Seller's Privilege Claims Remain With Seller Unless Buyer Contracts for Waiver or Waiver Right

Barry Klayman and Mark Felger, writing in the Delaware Business Court Insider, discuss a recent decision by the Delaware Court of Chancery holding that, unlike the rule in merger cases, the privilege for communications regarding an asset purchase agreement and associated negotiations does not pass to the purchaser by default operation of law, but remains with the seller unless the buyer contracts for something different. 

To read the full article, click here.

Share Page On LinkedIn

Related Attorneys

Mark E. Felger

Co-Chair, Bankruptcy, Insolvency & Restructuring

(302) 295-2087

Barry M. Klayman

Of Counsel

(302) 295-2035

Related Practices