Attorney-Client Privilege Between Affiliated Entities: Who Owns the Privilege When Interests Diverge?
Navigating the Complexities of Joint Representations 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 advising affiliated corporations, focusing specifically on best practices for preserving the privilege when the interests of a parent company and its subsidiaries diverge. The panel will identify potential joint representation pitfalls and discuss tips to avoid or navigate waiver of privilege issues when they occur.
- Attorney-client privilege between affiliated corporations—latest case developments
- Best practices for preserving privileges when interests diverge
The panel will review these and other key questions:
- What is the joint defense privilege and how does it apply when it comes to the representation of corporations and their affiliates?
- What factors do courts consider in determining whether a parent company and its affiliate are joint clients of an attorney?
- What are some best practices for parent companies and affiliates to preserve the privilege when their interests diverge?
Following the speaker presentations, you'll have an opportunity to get answers to your specific questions during the interactive Q&A.
Stephen A. Fogdall
Schnader Harrison Segal & Lewis
Mr. Fogdall participates in numerous areas of the Firm's commercial litigation practice, including financial... | Read More
Mr. Fogdall participates in numerous areas of the Firm's commercial litigation practice, including financial services litigation, product liability litigation, and class action defense. He has litigation experience in state and federal courts at both the trial and appellate levels. He is co-chair of the Firm's Financial Services Litigation Practice Group and a member of the Firm's Pro Bono Committee.Close
Rocky C. Tsai
Ropes & Gray
Mr. Tsai represents a broad range of financial, technology and life sciences clients in securities and commercial... | Read More
Mr. Tsai represents a broad range of financial, technology and life sciences clients in securities and commercial disputes, with a particular emphasis on the defense and resolution of complex class action litigation. He has handled cases in multidistrict litigation, in arbitration, and in federal and state court trials and appeals. His experience includes litigation counseling and front-line representation in securities class actions, consumer class actions, M&A litigation, SEC and FINRA investigations, and false advertising and unfair competition litigation.Close