Tag Archives: M&A

Reps & Warranties Insurance Case Highlights the Need for New Expertise and Old-Time Common Sense

A rare lawsuit concerning coverage under a reps & warranties policy presents two issues of interest to M&A lawyers: If the insured under a reps & warranties insurance policy fails to obtain the insurer’s consent to a settlement, coverage for that settlement is forfeited, even if the settlement was “panicked” and on a short timeframe. … Continue Reading

‘Sorry, But You Have Nothing in Common’: The New York Court of Appeals’ Recent Rejection of the ‘Common Interest Doctrine’ Outside the Context of Litigation

The New York Court of Appeals, the state’s highest court, recently rejected an attempt to apply the “common interest doctrine,” an exception to the general rule that communicating privileged information to a third party waives the attorney-client privilege, to situations where separately represented parties communicate attorney-client privileged information in connection with transactions or other circumstances … Continue Reading
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