In-House Counsel Depositions: Navigating Complex Privilege Issues
Preserving the Attorney-Client Privilege and Maintaining Confidentiality
Recording of a 90-minute CLE webinar/teleconference with Q&A
Conducted on Tuesday, February 23, 2010
Recorded event now available
This CLE webinar will discuss how in-house counsel can minimize potential damage to the corporation during depositions by using the attorney-client privilege to protect confidential information.
Description
Depositions of in-house counsel have become routine in business litigation, giving rise to complex questions regarding conflict of interest and the attorney-client privilege. These issues arise primarily from the in-house attorney’s dual role as legal and business advisor to the corporation.
To increase the likelihood of success in asserting the attorney-client privilege in future litigation, in-house counsel should carefully distinguish legal services from business advice in routine work matters and clearly indicate when they are acting in a professional legal capacity.
Further, once litigation has ensued, in-house counsel must make strategic determinations regarding which communications are potentially privileged and whether and how to invoke the privilege to protect those communications.
Listen as our panel of experienced business litigators explains how in-house counsel can distinguish between discoverable facts and privileged communications and between business advice and legal advice. The panel will also provide strategies for supporting the application of the attorney-client privilege to certain communications.
Outline
- Business advice versus legal advice
- Discoverable facts versus privileged communications
- Proving that attorney-client privilege applies to certain communications
- Preparing in-house counsel for depositions
Benefits
The panel will review these and other key questions:
- What steps can in-house counsel take to attempt to preserve the attorney-client privilege in certain communications?
- What are the limitations of the attorney-client privilege?
- How can in-house counsel distinguish between discoverable facts and privileged communications?
- How can in-house counsel best distinguish between business advice and legal advice?
- How can in-house counsel prepare to address the privilege issues that will arise during depositions?
Faculty
David R. Cohen,
Partner
K&L Gates, Pittsburgh
He concentrates in e-discovery issues, technology and intellectual property litigation, insurance coverage, real estate and other complex litigation, and appeals.
Kenneth E. McKay,
Partner
Locke Lord Bissell & Liddell, Houston
He has experience in a wide range of litigation areas. He concentrates on commercial litigation and real estate litigation, including eminent domain/condemnation matters.
David W. Stark,
Partner
Faegre & Benson, Denver
He has 30 years of trial experience. He practices in the area of complex commercial litigation with emphasis in securities fraud, intellectual property, banking, professional liability, probate and trust and energy. He has represented clients in the banking and financial services, energy, high technology, telecommunications and healthcare industries.
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, MO, MT, OR*, TX, VT, WA.
Upon request, also available in: CO, CT*, FL, GA, ID, KY, LA, ME, NC, ND, NE, NH, NM, NV, 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, HI, MO, MT, NY, OR, TX, VT, WA, WV. Upon request, self-study credit is also available in: CO, FL, GA, ID, KY, ME, ND, NE, NH, NM, NV, 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.
MP3 Download (Audio with Slide PDFs) $297.00
Available 24 hours after the live event
Webinar Download (Slide Presentation with Audio) $297.00
Available three business days after the live event
CD (Audio with Slide PDFs) $297.00
plus $9.45 S&H
Available ten 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
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
The presentations provided great insight.
Josh WInslow
Pabian & Russell
Concise and accurate presentation. Handouts very informative.
William Moran
Shire Canada
The speaker's practical discussions were particularly helpful.
Kenneth J. Clarkson
Sullivan, Ward, Asher & Patton
The teleconference contained information that was relevant, useful and up-to-date.
Mark Hegedus
Spiegel & McDiarmid
The speakers were knowledgeable and presented useful information.
Karen Shaffer-Levy
Reed Elsevier
Corporate Law Advisory Board
Partner
Hogan Lovells
General Counsel
Assurance America Corporation
Partner
Mayer Brown
Kathleen Mayton
General Counsel
Rollins, Inc.
Partner
K&L Gates
Partner
Kaye Scholer