The volume of intellectual property (IP) transactions and licensing agreements is increasing daily. Companies that own IP are being bought and sold and companies that manufacture and sell products increasingly are receiving offers to license patents and patent portfolio’s. In all of these transactions and potential transactions, there are privileges that may apply to certain documents that are typically sought in due diligence. This webinar, presented by Russell E. Levine, Partner at Kirkland & Ellis LLP, will identify those privileges and explain why there is a risk of waiver of those privileges in IP transactions. The webinar will also discuss the “common interest” doctrine and review a myriad of judicial decisions, some finding waiver and some finding no waiver. Mr. Levine will conclude by recommending best practices for avoiding a finding of waiver of privilege in IP transactions.
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