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A Proposal: Regional Mediation Hubs for Mega-Case Avoidance Actions

My Nebraska client has a problem, and he’s unhappy. He’s an $80,000 preference defendant in Delaware and must travel 1,200 miles (with his attorney) for a mandatory mediation of the disputed preference claim. Although he thinks that the claim is “bogus” (despite explanations to the contrary), he has a what-choice-do-I-have-but-to-capitulate perception of all this. So, here’s a proposal to address this problem: regional mediation hubs.

Does the Attorney/Client Privilege and Work-Product Doctrine Protect Parties Involved in a Common Enterprise?

The short answer is, “Maybe?”

Business and banking attorneys frequently represent businesses or lenders (or even bondholders and trustees) involved in joint ventures, partnerships, acquisitions, initiatives, participation loans, or other financial or joint business relationships/ventures.