Attorney–Client Privilege in Electronic Communications
Effective Strategies for Preserving the Privilege and Maintaining Confidentiality
Recording of a 90-minute CLE webinar with Q&A
This seminar will examine attorney-client privilege in the context of electronic communications, the different ways the privilege may be waived, and best practices to implement to preserve the privilege.
- Key concerns about privilege
- Who has the privilege?
- Expectation of privacy
- When does privilege arise?
- Impact of the amended Federal Rules
- Alternative electronic communications and their inherent risks
- Ethical and legal guidance
- ABA and state bar association guidelines and opinions
- Court decisions
- Who can waive the privilege?
- Implied waiver
- Boilerplate disclaimers
- Waiver to governmental agencies
- Security of communication
- Inadvertent disclosure
- Employment litigation context
- Communication by employee to attorney using computer at work
- Four-part test to determine reasonable expectation of privacy
- Best practices for preserving the privilege
- Considerations for protecting the privilege in email
- Encryption and passwords
- Removal of metadata
- Control privileged material to reduce possibility of waiver
- Limited waiver agreements (courts split on enforceability)
The panel will review these and other key questions:
- How does online communication 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?
John J. Rosenthal
Winston & Strawn
He handles complex antitrust and litigation matters and is experienced in electronic discovery and risk reduction... | Read More
He handles complex antitrust and litigation matters and is experienced in electronic discovery and risk reduction from e-discovery. He counsels on trade regulation, trademark and commercial issues. He counsels clients on record retention programs, compliance with electronic discovery, and implementing programs to reduce risk associated with the generation and retention of electronic records.Close
David J. Goldstone
He focuses on litigation relating to computer technologies and the Internet. He has extensive experience in... | Read More
He focuses on litigation relating to computer technologies and the Internet. He has extensive experience in intellectual property litigation, governmental investigations and computer security breaches. He also provides extensive advice to clients on retention of electronic documents and compliance with electronic discovery requirements.Close
David M. Greenwald
Jenner & Block
Mr. Greenwald is a tested trial lawyer with over 27 years of commercial litigation, domestic and international... | Read More
Mr. Greenwald is a tested trial lawyer with over 27 years of commercial litigation, domestic and international arbitration, and jury trial experience relating to a wide variety of substantive areas and across a broad spectrum of industries. He has also handled internal investigations domestically and throughout the world. He is co-author of the comprehensive treatise Testimonial Privileges (West 2012), and co-editor of the IBA treatise Privilege and Confidentiality: An International Handbook (2012). He is an active member of Working Group 1 of The Sedona Conference. He speaks and writes regularly on issues relating to the attorney-client privilege and work product doctrine under US law and their analogues in non-US jurisdictions, and on issues relating to e-discovery, ethics, and insurance and reinsuranceClose
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