Preserving Attorney-Client Privilege in Class Action Litigation
Strategies for Protecting Confidential Information and Avoiding Ethical Pitfalls
Recording of a 90-minute CLE teleconference with Q&A
Conducted on Tuesday, August 5, 2008
Recorded event now available
Description
Class action litigation raises unique issues concerning the attorney–client privilege. The involvement of multiple parties creates issues that do not typically arise during the more general application of the attorney–client privilege.
While the general principles underlying the privilege apply, counsel must be aware of the unique angles, including ethical dilemmas, that arise in complex class action proceedings in order to protect the exchange of confidential information.
Listen as our panel of class action attorneys examines the application of the attorney–client privilege in class action lawsuits, ethical issues implicated, defenses to the privilege, and best practices for preserving the privilege.
Outline
- Application of privilege to class action litigation and relevant Model Rules
- Communications between plaintiffs’ attorneys and potential class members (e.g., questionnaires) before attorney–client relationship is established
- Communications between plaintiffs’ attorneys and class representatives
- Communications between class representatives and absent class members
- Communications between co-defendants
- Advice of counsel defense
- Common interest privileges
- Joint-defense privilege
- Common defense privilege
- Best practices for preserving the privilege
- Legal communications
- Witness interviews
- Electronic communications
Benefits
The panel will review these and other key questions:
- Does the attorney–client privilege apply to communications between attorneys and class members that occur prior to the establishment of an attorney–client relationship?
- Under what circumstances should the joint-defense privilege and common defense privilege be exercised?
- What are some best practices for plaintiffs and defense counsel to preserve the attorney–client privilege?
- What Model Rules are implicated by attorney–client communications in class action cases?
Faculty
Carrie L. Huff,
Partner
Haynes Boone, Dallas
She is a commercial litigator. She also advises outside and in-house counsel regarding ethical issues such as conflicts of interest, attorney–client privilege and the unauthorized practice of law.
Janet T. Munn,
Member
Epstein Becker & Green, Miami
She focuses on complex commercial litigation and has successfully defended several class action suits. She is a frequent speaker on topics dealing with the attorney–client privilege.
Steve W. Berman,
Managing Partner
Hagens Berman Sobol Shapiro, Seattle
He has served as lead or co-lead plaintiffs' counsel in class actions and complex litigations throughout the country, obtaining multimillion-dollar settlements for his clients.
Ordering
Online CLE - Audio Recording
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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).
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Customer Reviews
The seminar covered an important subject with major policy implications and the speakers addressed it completely with professionalism and thorough knowledge.
Allyn Z. Lite
Lite DePalma Greenberg, LLC
The subject matter was covered in a very understandable way.
Constance Kotula
CarVal Investors LLC
The speakers spoke in an understandable format with lots of examples.
Bill Zornes
Cimarron Lumber
The subject matter was timely and important, and the webinar format is well suited for this topic.
Dennis Brennan
Saul Ewing LLP
I liked the substance of the program and the ease of participating.
Paul L. Hammann
First American Title Insurance Company
Class Action Law Advisory Board
Partner
Reed Smith
Partner
Hagens Berman Sobol Shapiro
Partner
O'Melveny & Myers
Partner
Alston & Bird
Partner
Goldman Scarlato & Karon
Partner
Weinstein Kitchenoff & Asher
Partner
Winston & Strawn
Partner
Edwards Wildman Palmer
Partner
King & Spalding
Professor
Harvard Law School
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