The Association of Corporate Counsel (ACC) announced Jan. 26 that it filed an amicus curiae brief, in conjunction with the Illinois State Bar Association, on the Illinois appellate court decision in Center Partners Ltd. et al v. Growth Head GP LLC et al. During the case, a dispute between parties who own and operate shopping malls, it came to light that during negotiations surrounding a purchase, the parties had shared with each other advice from their respective attorneys. The court then held that because of that, even the non-disclosed communication was waived.
The brief contests that the court’s decision constituted an improper waiver of attorney-client privilege, that sharing legal advice with regard to aspects of a business transaction doesn’t, as the court said, waive privilege protection for all related confidential information. The brief advises the Illinois Supreme Court to overturn the decision.