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Eric Magnuson and Mark Tarallo Discuss Litigation Privilege in Massachusetts Lawyers Weekly

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Eric Magnuson, co-chair of Nutter’s Business Litigation practice group, and Mark Tarallo, a partner in Nutter’s Corporate Department, commented on litigation privilege barring a commercial fraud suit in Massachusetts Lawyers Weekly. In the article, “Judge sets aside $550K verdict in commercial fraud case,” Eric said, “Although the privilege is absolute, it does not apply to absolutely all communications about a dispute. Make all statements, especially those made in an adversarial environment, with care and caution.” Mark added, “Presumably, those statements, where the equipment purchaser’s complaints go to the core of the business, would need to be disclosed either in response to due diligence requests or representations and warranties. It could be worse if they hid something like this, leading to litigation down the road with the company’s buyer, where the costs could have been substantially more.”

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