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What Companies Need to Know About the Delaware Court of Chancery s Recent Applications of the Asia Global Test to Better Protect their Directors Privileged Communications | Quinn Emanuel Urquhart & Sullivan, LLP

Boards of directors of companies incorporated in Delaware and elsewhere typically have “independent” or “outside” directors who are unaffiliated with that company, except through their.

Law Governing Attorney-Client Privilege for Emails Hosted on Noncompany Servers Continues To Evolve in Delaware | Skadden, Arps, Slate, Meagher & Flom LLP

Potential Pitfalls in Waiving or Retaining Attorney-Client Privilege over Pre-Closing Communications in Asset Sales | Gray Reed

In DLO Enterprises, Inc. v. Innovative Chemical Products Group, LLC, the Delaware Court of Chancery (the “Court”) in an unpublished opinion analyzed whether the asset purchase agreement included the sale to the buyer of the target company’s and its employees’ pre-closing and post-closing communications with their attorneys.  In January 2018, Innovative Chemical Products Groups LLC and ICP Construction, Inc. (together, “Buyers”) purchased substantially all of the assets of Arizona Polymer Flooring, Inc. (“Target”) from DLO Enterprises, Inc., 301 L&D, LLC, and Daniel and Leane Owen (the “Owen Sellers,” and, together with the entity sellers, the “Sellers”) via an Asset Purchase and Contribution Agreement (“APA”).

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