Asserting Attorney-Client Privilege When Affiliated Entities' Interests Diverge
Navigating the Complexities of Joint Representation During Litigation, Spinoffs, Acquisitions or Insolvency
Recording of a 90-minute CLE webinar with Q&A
This CLE course will guide corporate counsel in addressing attorney-client privilege challenges that arise when the common interests of corporations and their affiliates or subsidiaries diverge, focusing specifically on best practices for preserving the privilege and structuring privileged communications. The panel will identify potential joint representation pitfalls and discuss tips to avoid or navigate waiver of privilege issues when they occur.
Outline
- Principles governing privilege and confidentiality in joint representation of affiliated companies
- Attorney-client privilege in joint representation of affiliated companies – latest case developments
- Best practices for preserving privilege when interests diverge
Benefits
The panel will review these and other key issues:
- What situations typically cause a parent corporation’s interests to diverge from the interests of its affiliates or subsidiaries?
- What are the scenarios in which attorney-client privilege may be challenged, and how can counsel minimize risk of privilege waiver in these instances?
- What are some best practices for corporate counsel to preserve the privilege when the interests of corporate affiliates or subsidiaries diverge from those of the parent?
Faculty
Charles C. Lemley
Partner
Wiley Rein
Mr. Lemley represents clients in a variety of civil litigation matters, primarily focused on professional... | Read More
Mr. Lemley represents clients in a variety of civil litigation matters, primarily focused on professional liability coverage and malpractice litigation in federal and state courts. He has significant experience representing clients in commercial, insurance coverage, aviation, and regulatory disputes.
Richard A. Simpson
Partner
Wiley Rein
Mr. Simpson has a national trial court and appellate litigation practice, with an emphasis on defense of lawyers... | Read More
Mr. Simpson has a national trial court and appellate litigation practice, with an emphasis on defense of lawyers and other professionals in malpractice and disciplinary cases and defense of insurers in insurance coverage/“bad faith” cases. He also represents clients in commercial litigation, in connection with criminal investigations, and in a wide variety of pro bono matters. He has represented clients in matters pending in 47 states.
CloseNicole Audet Richardson
Wiley Rein
Ms. Richardson represents professional liability and general liability insurers in connection with coverage issues... | Read More
Ms. Richardson represents professional liability and general liability insurers in connection with coverage issues and litigation matters before the federal and state courts nationwide. She serves as monitoring counsel in connection with various types of professional liability policies.
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