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ANTHONY OSTLUND PREVAILS ON APPEAL OVER ATTORNEY-CLIENT PRIVILEGE

January 14, 2021

Anthony Ostlund attorneys Richard Ostlund, Randy G. Gullickson and Shannon Awsumb prevailed in a decision of the Minnesota Court of Appeals establishing important protections for privileged communications between the sellers of a long-time family-owned business and their corporate transactional lawyers. 

This appellate decision reversed a trial court’s pretrial discovery order, with the Court of Appeals confirming the existence and enforceability of the attorney-client privilege between Anthony Ostlund’s clients and the law firm that represented them in the sale of their business, Kaplan Strangis and Kaplan. This Court of Appeals decision recognized important protections for attorney-client communications: in circumstances where a lawyer represents multiple clients, the attorney-client privilege cannot be waived without the consent of all clients. This is a significant decision and should be of particular interest to lawyers representing closely-held businesses and their owners. Anthony Ostlund and its clients are pleased with the decision. A copy of the decision is linked here: Court of Appeals Opinion.