“Reduction in Price for Company Facing Litigation Is Discoverable”

Can discovery be taken about a sale price discount for a company  when the discount purportedly is to account for litigation risk? Yes, according to a late 2016 decision in the Northern District of Illinois in a case involving Juno Lighting. The decision “highlighted the contrast between the fact of a negotiated sale, a discoverable fact, and an attorney’s opinion about trial strategy, and a privileged opinion,” as explained in an April 28, 2017 article from the ABA Litigation News.