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Email On June 9, 2016, a divided New York Court of Appeals in a much-anticipated ruling held that the attorney-client privilege can only be maintained for communications involving third parties in situations where litigation is pending or reasonably anticipated. The decision reversed an intermediate appeals court’s expansion of the privilege to situations where the parties shared a “common legal interest” short of pending or reasonably anticipated litigation. https://www.cadwalader.com/resources/clients-friends-memos/ma-update-new-york-court-of-appeals-rejects-extension-of-common-interest-privilege-to-merger-talks