Strategies for Preserving Confidentiality
and Avoiding Inadvertent Disclosure
CD of Teleconference with Q&A
Click here for program outline
Conducted on Thursday, September 18, 2008
Now available on CD
Sponsored by the Legal Publishing Group of Strafford Publications
Businesses must maintain the confidentiality of corporate information, sometimes even from independent auditors or goverment investigators seeking sensitive records. Simply handing over information protected by the attorney–client privilege can constitute waiver of the privilege.
A Delaware state court recently ruled communications between an independent board committee investigating shareholder claims and its counsel were not privileged when it reported its investigation results to the full board. The McNulty Memo is a source of tension and confusion for companies as well.
Outside auditors, government agents, and potential partners demand a wide variety of information from businesses. How can a company cooperate with an audit or government investigation, conduct an internal investigation, and conduct deals without waiving the attorney–client privilege?
Listen as our authoritative panel of litigation specialists examines the attorney–client privilege in investigations and audits, including who has the privilege, how it can be waived, and recent changes to the McNulty Memo suggested by the U.S. Deputy AG Mark Filip. The panel will discuss their insights and best practices to preserve the privilege.
The panel included:
Stuart M. Altman, Partner, Hogan & Hartson, Washington, D.C. He focuses on white-collar investigations and defense, including representing clients in securities enforcement proceedings and conducting internal investigations, corporate governance, and litigation.
David M. Greenwald, Partner, Jenner & Block, Chicago. He is a member of the firm’s Litigation Department and White Collar Criminal Defense and Counseling Group. He represents clients in complex litigation, including internal investigations. He is editor of the firm’s "Attorney–Client Privilege Update" online resource center, which provides regular reports on this legal issue.
The panel reviewed these and other key questions:
- How can businesses establish a system for identifying and secluding privileged information?
- How can a company maintain the confidentiality of sensitive information when conducting an internal investigation or when subjected to an audit by third party investigators?
- What are the key business and legal practices for preserving the attorney–client privilege?
- How could the Filip revisions to the McNulty Memo impact the way corporations respond to government requests for information?
TELECONFERENCE CD
Purchase a CD-ROM of the full conference proceedings, including Q&A and PDF files of all handouts (available 10 days after the program).
- Regular Price - $297 (plus $9.45 S&H)
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CLE credit is available for an additional $65 each for attorneys seeking CLE credits for NY or CT.
Other states may grant CLE credits for listening to this CD - check with your state about applying for self-study credit on CD-listening.