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ASKARI v. McDERMOTT

2016-04472. Index No. 606862/15.

179 A.D.3d 127 (2019)

114 N.Y.S.3d 412

2019 NY Slip Op 08547

KEVIN ASKARI et al., Appellants, v. McDERMOTT, WILL & EMERY, LLP, et al., Respondents.

Appellate Division of the Supreme Court of New York, Second Department.

Decided November 27, 2019.

Attorney(s) appearing for the Case

James Sawyer , Jericho, for appellants.

McDermott, Will & Emery, LLP, New York City ( James A. Pardo and Allison E. Fleischer of counsel), for respondent.

Holland & Knight, LLP, New York City ( Christopher G. Kelly and Katherine A. Skeele of counsel), for respondent Oncomed Specialty, LLC.

SCHEINKMAN, P.J., BALKIN and HINDS-RADIX, JJ., concur.

OPINION OF THE COURT

On this appeal we are asked to address a conflict between New York and Delaware law relating to which law applies, and implicating who or which entity may assert the attorney-client privilege, in the context of the merger and restructuring of businesses, the sale of membership interests, and related transactions...

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