Brian Frawley, William Monahan and David Rein Co-author Article for M&A Lawyer

February 9, 2015
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In its January issue, The M&A Lawyer published an article by Messrs. Frawley, Monahan and Rein titled “New York Appeals Court Provides Guidance For Merger Parties Sharing Privileged Communications.” The article explores the Ambac Assurance Corp. v. Countrywide Home Loans, Inc. decision and its implications, focusing on how it “will assist transactional parties in confidentially sharing privileged communications in furtherance of a common legal interest.” The authors point out that “Ambac leaves unanswered a number of questions as to the scope of the common-interest privilege under New York law,” but offer suggestions as to steps that transaction participants might take to best preserve the privilege.