Confidentiality of Sensitive Information in a Merger

Generally, confidential information will be kept confidential, but there there are nuances that depend on the stage of the merger proceeding and the identity of the party, explains Jeffery M. Cross, in a Today’s General Counsel column. For example, information from competitors and customers is protected, but under some circumstances could be released to a state AG. That AG in turn would have to maintain confidentiality. However, protections change once an agency begins litigation to challenge the merger. One issue that can arise: whether or not in-house counsel for the merging parties themselves can have access to the competitively sensitive information from third parties.