White-Collar Investigations and Disclosure During Corporate Transaction Due Diligence
September 9, 2021 | New York Law Journal
When a company under government investigation pursues business transactions, such as selling a business or borrowing money, a counterparty will typically seek information about the investigation as part of legal due diligence. As a result, white-collar defense counsel may be called upon by a client to describe the ongoing investigation and assess its merits for the counterparty. In this article, "White-Collar Investigations and Disclosure During Corporate Transaction Due Diligence," we discuss whether, and under what circumstances, such disclosures may be protected from discovery based on the attorney-client privilege and the common interest doctrine.