2017 IP Academy Series: Confidentiality and Privilege in M&A Transactions

In handling M&A transactions or litigation, protecting confidential and privileged information is a significant concern. While most M&A transactions start with the signing of a nondisclosure agreement (NDA), unless it is drafted properly, there could be unnecessary complications during business operations or if the relationship ends in dispute. The issue of privilege is also an important concern during postclosing litigation.

Topics will include:

• A review of US law developments regarding NDAs and privilege
• Recent cases regarding NDAs and privilege
• Practical tips to maintain confidentiality and privilege