Attorney Client Privilege When That Itself is the Core Issue

Factual Questions
21

An aside - would the courts force a merger?

IANAL, but what I’ve read over the years, the courts are reluctant to force a person (corporate or corporal) to DO something, when an alternative would be cash damages. I.e they won’t force someone to buy a property, they will simply assign the seller the losses they incurred due to the sale did not go through (unless the court’s decision is “the purchase had already happened”)

22

I don’t think the courts are technically forcing a merger.

The merger agreement calls for ETE to pay Williams several billion $ if they back out of the merger other than for reasons specified in the merger agreement itself. So if the court rules for Williams, then ETE can either pay Williams the penalty or go through with the merger.