Attorney-Client Privilege in IP Due Diligence
Strategies for Preserving Confidential Communications in IP Asset Transfers
Recording of a 90-minute premium CLE webinar with Q&A
- Information sharing — to do or not to do (and how much)
- Assessing the risk of waiving the privilege against the need to provide information as close the deal
- What privileged information should be disclosed
- When should privileged information be disclosed
- Who should or will have access to privileged information/documents
- Under what circumstances is privilege considered waived when the documents are shared
- Ethical duties to disclose information
- Protecting privileged and confidential information during due diligence
- Common interest agreements
- Confidentiality and non-disclosure agreements
- Use of third-party to provide documents
- Privileged communication — written v. verbal
- Shielding trade secrets
- Privacy concerns and complying with obligations to protect confidential personally identifiable private information
- Common interest doctrine
- Court treatment
- Avoiding inadvertent waiver
- If the deal falls through — protecting privileged and confidential information
- Information on a need-to-know basis
- Controlled release of information
The panel will review these and other key questions:
- What privileged information should be disclosed during due diligence — and what is the best timing for disclosure?
- Under what circumstances are privileges considered waived when the documents are shared?
- What steps can a company and counsel take to protect privileged and confidential information during due diligence?
- If a business transaction terminates during due diligence, what can IP owners do to protect privileged information that has already been disclosed?
Stephen T. Schreiner
He focuses on all aspects of intellectual property law including patent litigation, patent prosecution, counseling and... | Read More
He focuses on all aspects of intellectual property law including patent litigation, patent prosecution, counseling and due diligence related to electronics, software, e-commerce, and business methods.Close
Steven J. Frank
He advises clients in all areas of intellectual property law and has significant experience with IP diligence. He also... | Read More
He advises clients in all areas of intellectual property law and has significant experience with IP diligence. He also negotiates domestic and cross-border licenses and technology-transfer agreements. He focuses on patent prosecution, analysis of infringement and related issues, and the drafting and negotiation of agreements relating to the transfer or license of intellectual property.Close
Hope D. Mehlman
Associate General Counsel
She advises on legal issues relating to intellectual property, information security and threat assessment, phishing,... | Read More
She advises on legal issues relating to intellectual property, information security and threat assessment, phishing, fraud prevention and remediation efforts, and corporate governance.Close
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Strafford will process CLE credit for one person on each recording. All formats include program handouts.
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