Attorney–Client Privilege Challenges With Social Media and E-Communications
Effective Strategies for Preserving the Privilege and Maintaining Confidentiality
Recording of a 90-minute CLE webinar with Q&A
This CLE webinar will prepare attorneys to face the attorney-client privilege and work product protection challenges presented by social media and electronic communications. The panel will discuss how privilege can be inadvertently waived and outline best practices to preserve the privilege and maintain confidentiality.
- Who can waive the privilege?
- Implied waiver
- Boilerplate disclaimers
- Security of communication
- Inadvertent disclosure
- Ethical and legal guidance
- ABA and state bar association guidelines and opinions
- Court decisions
- Best practices for preserving the privilege
- Considerations for protecting the privilege in email
- Social media policies
- Control privileged material to reduce possibility of waiver
The panel will review these and other key questions:
- How does the proliferation of social media change the reasonable expectation of privacy?
- How can attorneys protect clients’ privacy rights and attorney-client privilege while utilizing online communication?
- What guidance is available through ABA, state bar and court opinions to attorneys regarding the attorney-client privilege and confidentiality in e-communications?
Following the speaker presentations, you'll have an opportunity to get answers to your specific questions during the interactive Q&A.
Steven R. Paradise
Vinson & Elkins
His main area of practice is complex commercial litigation with an emphasis on securities-related litigation. He has... | Read More
His main area of practice is complex commercial litigation with an emphasis on securities-related litigation. He has extensive experience representing companies and individuals in investigations and enforcement proceedings by SEC, FINRA, and other regulatory agencies. He represents Fortune 500 companies and their senior management, hedge funds, Big 4 accounting firms, and financial institutions.Close
Jonathan Evan Goldberg
He focuses on all aspects of complex commercial litigation, employment law and litigation, and ERISA litigation. He is... | Read More
He focuses on all aspects of complex commercial litigation, employment law and litigation, and ERISA litigation. He is an experienced trial lawyer and frequent public speaker, has successfully represented numerous clients in federal and state courts throughout the United States in matters involving claims of retaliation, discrimination, wrongful termination, fraud, and breach of contract.Close
David A. Sorensen
Hinshaw & Culbertson
He focuses his practice in the areas of professional liability and products liability defense with particular emphasis... | Read More
He focuses his practice in the areas of professional liability and products liability defense with particular emphasis on the representation of lawyers, physicians and hospitals, and medical device and toxic tort matters. He has first-chaired more than 20 jury trials. He also counsels attorneys in matters of risk management, professional responsibility and legal ethics.Close