Change-in-control transactions can present complicated questions concerning the attorney-client privilege, should litigation arise.  Does any privilege protect post-signing, pre-closing communications between the acquirer’s and the target’s respective counsel, or are those communications subject to discovery?  And what happens post-closing to pre-closing privileged communications – does the acquiring company also acquire the pre-merger privileged communications of the target?  Recent decisions by courts in New York and Delaware help shed light on these questions and provide useful…