Legal Opinion

Tekni-Plex, Inc. v. Meyner & Landis

New York Court of Appeals

Decided October 22, 1996PublishedCited by 174 opinions

1Opinion of the Court

OPINION OF THE COURT

Chief Judge Kaye.

Central to this appeal, involving a dispute over a corporate acquisition, are two questions. First, can long-time counsel for the seller company and its sole shareholder continue to represent the shareholder in the dispute with the buyer? And second, who controls the attorney-client privilege as to premerger communications? We conclude that counsel should step aside, and that the buyer controls the privilege as to some, but not all, of the pre-merger communications.

A. Facts

Tekni-Plex, Inc., incorporated under the laws of Delaware in 1967, manufactured and…

2Cases cited15 opinions

  1. Upjohn Co. v. United StatesSupreme Court of the United States · 1981
  2. Commodity Futures Trading Commission v. WeintraubSupreme Court of the United States · 1985
  3. S & S Hotel Ventures Limited Partnership v. 777 S. H. Corp.New York Court of Appeals · 1987
  4. Spectrum Systems International v. Chemical BankNew York Court of Appeals · 1991
  5. Cardinale v. GolinelloNew York Court of Appeals · 1977

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3Cited by174 opinions

  1. Moeller v. Superior CourtCalifornia Supreme Court · 1997
  2. Jamaica Public Service Co. v. AIU InsuranceNew York Court of Appeals · 1998
  3. Sage Realty Corp. v. Proskauer Rose Goetz & Mendelsohn LLPNew York Court of Appeals · 1997
  4. Campolongo v. CampolongoAppellate Division of the Supreme Court of the State of New York · 2003
  5. Morris v. MorrisAppellate Division of the Supreme Court of the State of New York · 2003

169 more not listed; retrieve them via the Exa API.

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