Attorney-Client Privilege and Dual-Purpose Advice: Convincing Courts to Maintain Confidentiality
Protecting Privilege When Counsel Acts as Business Adviser
Recording of a 90-minute CLE video webinar with Q&A
This CLE webinar will seek to comprehensively address the issue of “mixed” or “dual-purpose” communications between clients and counsel. The CLE panel will survey the states’ different approaches to the issue, discuss key federal court decisions on the topic, and apply these state and federal law principles to contexts where the question of dual-purpose communication commonly arises.
- State law survey. The panel will identify differences in the states’ approaches to “dual-purpose” communications.
- Key federal court decisions. The panel will discuss key federal court decisions applying federal common law under FRE 501, including the potential circuit split on the issue.
- Industry and context-specific application of key principles. The panel will apply these principles to in-house, transactional, pre-litigation, and litigation contexts.
The panel will discuss these and other key issues:
- How do courts in my state analyze privilege claims over dual-purpose documents?
- What rules do federal courts in my circuit apply to dual-purpose documents in cases where federal common law controls under FRE 501?
- What are best practices for in-house attorneys, who are enmeshed in the day-to-day business affairs of their companies, to ensure that their communications with colleagues remain privileged?
- What are the most persuasive arguments and approaches for litigators seeking to withhold or compel disclosure of a dual-purpose document?
Bradley R. Hutter
Fafinski Mark & Johnson
Mr. Hutter is an Associate in FMJ’s Litigation and Bankruptcy & Insolvency practice groups. He represents... | Read More
Mr. Hutter is an Associate in FMJ’s Litigation and Bankruptcy & Insolvency practice groups. He represents business clients in litigation arising out of complex commercial transactions, fiduciary relationships, and business insolvencies. Mr. Hutter has represented a diverse set of clients from the banking, real estate, retail, transportation, construction, and aviation industries. His experience includes defending multiple-plaintiff and putative class action claims in federal court.Close
Ernest (Pat) Shriver
Fafinski Mark & Johnson
Mr. Shriver is a corporate, transactional and intellectual property attorney, focusing on small to medium sized... | Read More
Mr. Shriver is a corporate, transactional and intellectual property attorney, focusing on small to medium sized privately-held businesses. His practice includes advising clients on choice of entity, general corporate and partnership matters, commercial matters (contract drafting, review and advice), shareholder and partner relations (shareholder, partnership, and “buy/sell” agreements), securities and other corporate financing, business combination matters (including mergers, asset and stock purchases, and other similar business combinations), and intellectual property issues. Mr. Shriver also works with regulated and unregulated lenders with regard to commercial lending and financing transactions, including secured and unsecured lending.Close