Bankruptcy: Attorney-Client Privilege and Work Product
Protecting and Maintaining Confidentiality and the Work Product Defense
Recording of a 90-minute CLE webinar/teleconference with Q&A
Conducted on Thursday, September 30, 2010
Recorded event now available
This CLE webinar will provide guidance for bankruptcy counsel on the implications of the attorney-client privilege for stakeholders in the bankruptcy process—debtors, creditors, committees and professionals. The panel will discuss legal strategies for preserving the privilege and leveraging the work product defense.
Description
In an evolving bankruptcy landscape, attorney-client privilege issues can be complex and tricky. It is critical that bankruptcy counsel understand how their actions impact the privilege and the work product defense throughout the various stages of the bankruptcy process.
One critical attorney-client privilege issue concerns the bankruptcy trustee's right to assert or waive the privilege. Continuing litigation long after plan reorganization or liquidation raises complicated privilege and work product challenges for litigation trustees.
Other issues include exceptions to the waiver-by-disclosure rule for communication with accountants and other professionals as well as in joint representation or common interest situations. The common interest privilege also extends to official creditors' committee representation.
Listen as our authoritative panel of attorneys discusses the complex attorney-client privilege and work product issues that arise during the course of bankruptcy and best practices for protecting and maintaining the privilege and the work product defense.
Outline
- Attorney client privilege scenarios
- Advising management and boards of directors prior to bankruptcy
- Settlement negotiations between debtors and creditors
- Parent/subsidiary relationship
- Litigation trustees
- Protecting business plans and valuation.
- Waiver issues
- Communications with accountants and other professionals
- Common interest or joint representation
- Official creditors' committee representation
Benefits
The panel will review these and other key questions:
- What party holds the attorney-client privilege once a Chapter 11 petition has been filed?
- Can communications with creditors' committee counsel in furtherance of settlement discussions be protected?
- Under what circumstances can attorney communications be shared with accountants or other bankruptcy professionals without waiving the privilege?
- How has the common interest privilege rule been applied in the context of official creditors' committee communications?
Faculty
Gregory W. Werkheiser,
Partner
Morris Nichols Arsht & Tunnell, Wilmington, Del.
He has substantial experience representing debtors and creditors in bankruptcy and out-of-court restructurings. He focuses his practice on restructuring, advising fiduciaries and managers for distressed enterprises, bankruptcy acquisitions and transactions, committee representations, DIP financing, representation of lenders to bankrupt or distressed companies and bankruptcy-related litigation.
Ronald R. Sussman,
Partner
Cooley, New York
He has successfully handled numerous contested bankruptcy matters on behalf of creditor committees, employee, other official committees and debtors, including officer and director liability litigation, equitable subordination actions, plan of reorganization confirmation proceedings, fraudulent conveyance/transfer actions, preference actions, claims litigation, and asset disposition hearings.
Alec P. Ostrow,
Partner
Becker Glynn Melamed & Muffly, New York
He has served as lead counsel for many businesses that successfully reorganized in chapter 11 or in out-of-court restructurings, as well as lead counsel for buyers and sellers, trustees, and officers and directors of distressed business. He has also represented banks and insurance companies as creditors in major bankruptcy cases such as Lehman Brothers, Adelphia Communications and Enron.
Ordering
Online CLE - Audio Recording
Includes audio streaming of full program plus handouts (available 24 hours after live seminar).
CLE:
Pre-approved for participatory or non-traditional/alternate format credit in: CA, HI*, NY*, WV*.
Pre-approved for self-study credit in: AK, AZ, FL, GA, MO, MT, TX, VT, WA.
Upon request, also available in: CO, CT*, ID, KY, LA*, ME, NC, ND, NE, NH, NM, NV, OR*, SC, TN, UT, WI*, WY. If you are applying for credit in one of these states, make sure to select those states when placing your order.
(*Indicates that Strafford must report attendance.)
Online CLE Audio $297.00
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, FL, GA, HI, MO, MT, NY, TX, VT, WA, WV. Upon request, self-study credit is also available in: CO, 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.
Webinar Download (Slide Presentation with Audio) $297.00
Available three business days after the live event
DVD (Slide Presentation with Audio) $297.00
plus $9.45 S&H
Available ten business days after the live event
MP3 Download (Audio with Slide PDFs) $297.00
Available 24 hours after the live event
CD (Audio with Slide PDFs) $297.00
plus $9.45 S&H
Available ten business days after the live event
Webinar/Teleconference
Strafford webinars/teleconferences offer several options for participation: online viewing of speaker-controlled PowerPoint presentations with audio via computer speakers or via phone; or audio only via telephone (download speaker handouts prior to the program). Please note that our webinars do not feature videos of the presenters.
CLE Credit
Strafford's live seminars qualify for CLE in every state that accredits webinars. They offer you a high quality, cost effective, and convenient CLE option, with no lost travel time or expenses.
Customer Reviews
Very well-organized.
Kerin Coughlin
Constantine Cannon
Very informative — one of the best run programs in a plethora of on-line offerings.
Jeff Michelman
Stinson Morrison Hecker
We were given simple and clear answers to complex questions, lots to work with.
Patrick R. Kelly
Glenn, Feldmann, Darby & Goodlatte
The teleconference addressed a highly relevant topic that recurs in my practice. The subject matter was very timely and informative.
Saleem Moghal
Paul Hastings Janofsky & Walker
Very good. Gave me exactly what I wanted. The questions I emailed in were handled thoroughly.
James J. Long
Briggs & Morgan
Bankruptcy Law Advisory Board
Partner
Nixon Peabody
Partner
Potter Anderson & Corroon
Of Counsel
Haynes & Boone
Shareholder
Greenberg Traurig
Partner
Dechert
Shareholder
Vedder Price
Partner
Nixon Peabody
Partner
Kaye Scholer
Counsel
Skadden Arps Slate Meagher & Flom
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