Asserting Attorney-Client Privilege When Representing U.S. Companies with Affiliated Foreign Entities

A live 90-minute CLE webinar with interactive Q&A


Wednesday, June 6, 2018

1:00pm-2:30pm EDT, 10:00am-11:30am PDT

or call 1-800-926-7926

This CLE webinar will provide corporate counsel guidance on the complex issues in preserving attorney-client privilege and protecting attorney work product while representing U.S. based entities with foreign affiliates. The panel will discuss best practices in maintaining privilege when advising affiliated entities, managing corporate communications and working across borders through local counsel.

Description

In the age of technological advances across online and digital platforms, U.S. based companies are finding it more accessible to expand their business operations to multiple countries. Attorneys representing foreign affiliated companies must be aware of the pitfalls in maintaining attorney-client privilege and best practices to minimize privilege challenges.

The nature and scope of what constitutes a “privileged communication” between in-house counsel and a corporate client continues to be at the forefront of sound legal department governance. When representing affiliated corporate entities, counsel must determine how attorney-client privilege and the attorney work product doctrine apply to the legal department of U.S. based entities and their foreign affiliates, when privilege attaches to communications between them, and whether or not it can be invoked for communications with a third party.

Challenges in preserving attorney-client privilege for multinational companies are often unavoidable, but efforts can be made to mitigate risks. Counsel must be aware of the implications of mishandling corporate communications, the role and responsibilities of local counsel, and methods in overcoming challenges to privilege claims.

Listen as our panel discusses the unique issues regarding attorney-client privilege facing in-house counsel, advising U.S. based entities with foreign affiliates and best practices in maintaining privilege across borders.

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Outline

  1. Unique attorney-client privilege issues for in-house counsel of U.S. based entities with foreign affiliates
  2. Handling challenges to privilege claims in corporate commmunications
  3. Preserving privileged information in internal investigations and third-party communications
  4. Best practices for counsel in mitigating risks while representing multinational entities

Benefits

The panel will review these and other critical issues:

  • How does attorney-client privilege apply to U.S. based companies with foreign affiliates?
  • What factors impact invoking privilege for communications with a third party?
  • How to handle challenges to privilege claims of corporate communications
  • What are the privilege concerns present in providing a mix of legal and business advice?

Faculty

Lambrakopoulos, Stavroula
Stavroula E. Lambrakopoulos

Partner
K&L Gates

Ms. Lambrakopoulos concentrates her practice in securities enforcement matters, securities and financial services...  |  Read More

Martinez, Vincente
Vincente L. Martinez

Partner
K&L Gates

Mr. Martinez' practice focuses on counseling and defending financial services firms, companies, and individuals...  |  Read More

Flinn, Meghan
Meghan E. Flinn

Atty
K&L Gates

Ms. Flinn focuses her practice on the defense of companies and individuals involved in government investigations,...  |  Read More

Live Webinar

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Strafford will process CLE credit for one person on each recording. All formats include program handouts. To find out which recorded format will provide the best CLE option, select your state:

CLE On-Demand Video

48 hours after event

$297

Download

48 hours after event

$297

DVD

10 business days after event

$297 + $9.45 S&H