Attorney-Client Privilege and Financially Distressed Businesses
Meeting Confidentiality Challenges Arising from Heightened Regulatory Oversight, Insolvency Proceedings and Bankruptcy
Recording of a 90-minute CLE webinar with Q&A
This seminar will review the attorney-client privilege and waiver issues for companies facing financial difficulty or in bankruptcy and will outline strategies to preserve the privilege.
- Overview of the attorney-client privilege
- Who holds the corporation’s privilege
- Waiver of the privilege
- Attorney-client privilege in regulation and investigation of company’s financial health
- Protecting privilege while dealing with regulators
- Investigations and audits
- Attorney-client privilege in bankruptcy-related proceedings
- Scope of privilege
- Communications between debtors and creditor constituencies
- Jointly represented parent company and subsidiaries
- What constitutes confidential communications?
- Protecting business plans and valuation information
- Strategies/best practices for preserving the privilege and mitigating risk of waiver
The panel will review these and other key questions:
- Who holds the corporation’s attorney-client privilege? Does this change once the corporation files for bankruptcy?
- What is the scope of the attorney-client privilege in communications involving creditors’ committees and committee counsel?
- Are documents and information shared with counsel in anticipation of filing for bankruptcy discoverable?
- What are key business and legal practices for preserving the attorney–client privilege as companies face financial distress or bankruptcy?
Richard B. Kapnick
He is an experienced litigation attorney serving as Lead Counsel in numerous matters involving complex litigation. He... | Read More
He is an experienced litigation attorney serving as Lead Counsel in numerous matters involving complex litigation. He regularly appears in matters involving the federal securities laws (including Sections 10(b), 11 and 12), directors’ and officers’ liability, and mergers and acquisitions transactions.Close
Stuart M. Altman
Hogan & Hartson
He focuses on white collar criminal investigations and defense, including representing clients in securities... | Read More
He focuses on white collar criminal investigations and defense, including representing clients in securities enforcement proceedings and conducting internal investigations, and corporate governance. He has extensive experience representing business entities and individuals in criminal investigations and prosecutions and conducts internal investigations for companies facing potential liability.Close
Brenda R. Sharton
She has a national litigation and counseling practice in the areas of commercial litigation, financial services and... | Read More
She has a national litigation and counseling practice in the areas of commercial litigation, financial services and intellectual property. She has extensive experience in all manners of commercial litigation, internal investigations and civil regulatory matters including banking and trust, securities, breach of fiduciary duty, and minority shareholder and partnership disputes.Close
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