State Attorney-Client Privilege Rule Incorporated into Federal Law
<b><i>Delaware Bankruptcy Court Protects Communications with Financial Professionals Originating In Delaware</b></i><p>Because state law applies at the time the transaction is negotiated, the parties might assume — reasonably so — that state privilege law will govern communications with their attorneys and financial professionals. But what happens if, years later, a fraudulent transfer plaintiff files suit in federal court and brings claims under federal law? Does state privilege law still apply?
By Robert J. Stearn, Jr., Cory D. Kandestin and Christopher M. De Lillo
July 01, 2018
See, e.g.,Jedwab v. MGM Grand Hotels, Inc.3Com Corp. v. Diamond II Holdings, Inc.Seee.g.,In re Bieter Co.See, e.g., United States v. Ackert
Which Law Applies?
andSee, e.g.Pearson v. MillerJaffee v. RedmondSee, PearsonId.Id.PearsonSee,Castellani v. Atlantic CityPearsonKD ex rel. Dieffenbach v. United StatesPearsonSheldone v. Penn. Turnpike Comm'n
Bankruptcy Court's Ruling in Physiotherapy
PearsonSee, PearsonPhysiotherapy3ComJedwabId.
Implications for Transactional Attorneys
PearsonPhysiotherapy*****Robert J. Stearn, Jr.[email protected]Cory D. Kandestin[email protected]Christopher M. De Lillo[email protected]The views expressed in this article are those of the authors and not necessarily those of Richards, Layton & Finger or its clients
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