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Preserving the Privilege In the Corporate Setting

Assessing the risks and liabilities of a potential transaction requires frank and open communication between the parties, including legal counsel. Understanding the scope and limitations of this privilege in transactional settings and who “holds” it is vital to its preservation.

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With government oversight intensifying, internal investigations are an essential tool for companies evaluating whistleblower allegations, as well as an important part of due diligence in preparation for a business acquisition or sale. Assessing the risks and liabilities of a potential transaction requires frank and open communication between the parties, including legal counsel. Understanding the scope and limitations of this privilege in transactional settings and who “holds” it is vital to its preservation.

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