Attorney-Client Privilege and Financially Distressed Businesses
Meeting Confidentiality Challenges Arising from Heightened Regulatory Oversight, Insolvency Proceedings and Bankruptcy
Recording of a 90-minute CLE teleconference with Q&A
Conducted on Wednesday, September 9, 2009
Recorded event now available
This seminar will review the attorney-client privilege and waiver issues for companies facing financial difficulty or in bankruptcy and will outline strategies to preserve the privilege.
Description
As companies face financial troubles and possible bankruptcy, counsel confront a variety of decisions that raise significant concerns over protection of confidential communications and the attorney-client privilege.
Corporate counsel must be aware of gaps in protection where companies risk disclosing information that could later be used against them. If counsel does not proactively consider all privilege issues, the business may be adversely impacted in an investigation or bankruptcy-related proceedings.
Further, institutions that have received government stimulus money are under heightened government scrutiny. To protect confidential communications, companies must proceed with caution as government regulators and investigators demand access and information to which they may or may not be entitled.
Listen as our authoritative panel of attorneys examines the attorney-client privilege in the regulation and investigation of a company’s financial health and within bankruptcy proceedings. The panel will discuss steps to mitigate the risk of waiver and to protect confidential communications.
Outline
- Overview of the attorney-client privilege
- Who holds the corporation’s privilege
- Timing/duration
- Waiver of the privilege
- Attorney-client privilege in regulation and investigation of company’s financial health
- Protecting privilege while dealing with regulators
- Investigations and audits
- Attorney-client privilege in bankruptcy-related proceedings
- Scope of privilege
- Communications between debtors and creditor constituencies
- Jointly represented parent company and subsidiaries
- What constitutes confidential communications?
- Protecting business plans and valuation information
- Strategies/best practices for preserving the privilege and mitigating risk of waiver
Benefits
The panel will review these and other key questions:
- Who holds the corporation’s attorney-client privilege? Does this change once the corporation files for bankruptcy?
- What is the scope of the attorney-client privilege in communications involving creditors’ committees and committee counsel?
- Are documents and information shared with counsel in anticipation of filing for bankruptcy discoverable?
- What are key business and legal practices for preserving the attorney–client privilege as companies face financial distress or bankruptcy?
Faculty
Richard B. Kapnick,
Partner
Sidley Austin, Chicago
He is an experienced litigation attorney serving as Lead Counsel in numerous matters involving complex litigation. He regularly appears in matters involving the federal securities laws (including Sections 10(b), 11 and 12), directors’ and officers’ liability, and mergers and acquisitions transactions.
Stuart M. Altman,
Partner
Hogan & Hartson, Washington, D.C.
He focuses on white collar criminal investigations and defense, including representing clients in securities enforcement proceedings and conducting internal investigations, and corporate governance. He has extensive experience representing business entities and individuals in criminal investigations and prosecutions and conducts internal investigations for companies facing potential liability.
Brenda R. Sharton,
Partner
Goodwin Procter, Boston
She has a national litigation and counseling practice in the areas of commercial litigation, financial services and intellectual property. She has extensive experience in all manners of commercial litigation, internal investigations and civil regulatory matters including banking and trust, securities, breach of fiduciary duty, and minority shareholder and partnership disputes.
Ordering
Online CLE - Audio Recording
Includes audio streaming of full program plus handouts (available 24 hours after live seminar).
CLE:
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Online CLE Audio $149.00
Available 24 hours after the live event
Recorded Event
Includes full event recording plus handouts (available after live seminar).
CLE: Pre-approved for self-study credit in: AK, AZ, CA, CT, HI, MO, MT, NY, TX, VT, WA, WV. Upon request, self-study credit is also available in: CO, FL, GA, ID, KY, ME, ND, NE, NH, NM, NV, OR, UT, WI, WY. If you are applying for self-study credit in one of these states, contact Strafford CLE at 1-800-926-7926 ext. 35 or CLE@straffordpub.com.
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Available ten business days after the live event
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Customer Reviews
I liked the practicality and thoroughness of the presentation and the handouts.
Barry Jasilli
CVS Caremark
The webinar was very easy to use and I liked that the speakers were very knowledgeable.
E. Moses Vejil
Bingham Greenebaum Doll LLP
The program provided good info apparently based on solid experience.
Edward. J. Dunham, Jr.
Kleinbard Bell & Brecker LLP
The program contained good information based on solid experience.
Edward M. Dunham, Jr.
Kleinbard Bell & Brecker LLP
I appreciated that there was a great deal of current case law on the subject and the speakers were concise and informative.
Thomas G. Mancuso
Haskell Slaughter
Corporate Law Advisory Board
Partner
Hogan Lovells
General Counsel
Assurance America Corporation
Partner
Mayer Brown
Partner
Foley & Lardner
Kathleen Mayton
General Counsel
Rollins, Inc.
Partner
K&L Gates
Partner
Kaye Scholer
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