Bankruptcy: Attorney-Client Privilege and Work Product
Protecting and Maintaining Confidentiality and the Work Product Defense
Recording of a 90-minute CLE webinar with Q&A
This CLE course will provide guidance for bankruptcy counsel on the implications of the attorney-client privilege for stakeholders in the bankruptcy process—debtors, creditors, committees and professionals. The panel will discuss legal strategies for preserving the privilege and leveraging the work product defense.
Outline
- Attorney client privilege scenarios
- Advising management and boards of directors prior to bankruptcy
- Settlement negotiations between debtors and creditors
- Parent/subsidiary relationship
- Litigation trustees
- Protecting business plans and valuation.
- Waiver issues
- Communications with accountants and other professionals
- Common interest or joint representation
- Official creditors' committee representation
Benefits
The panel will review these and other key questions:
- What party holds the attorney-client privilege once a Chapter 11 petition has been filed?
- Can communications with creditors' committee counsel in furtherance of settlement discussions be protected?
- Under what circumstances can attorney communications be shared with accountants or other bankruptcy professionals without waiving the privilege?
- How has the common interest privilege rule been applied in the context of official creditors' committee communications?
Faculty
Gregory W. Werkheiser
Partner
Morris Nichols Arsht & Tunnell
He has substantial experience representing debtors and creditors in bankruptcy and out-of-court restructurings. He... | Read More
He has substantial experience representing debtors and creditors in bankruptcy and out-of-court restructurings. He focuses his practice on restructuring, advising fiduciaries and managers for distressed enterprises, bankruptcy acquisitions and transactions, committee representations, DIP financing, representation of lenders to bankrupt or distressed companies and bankruptcy-related litigation.
CloseRonald R. Sussman
Partner
Cooley
He has successfully handled numerous contested bankruptcy matters on behalf of creditor committees, employee, other... | Read More
He has successfully handled numerous contested bankruptcy matters on behalf of creditor committees, employee, other official committees and debtors, including officer and director liability litigation, equitable subordination actions, plan of reorganization confirmation proceedings, fraudulent conveyance/transfer actions, preference actions, claims litigation, and asset disposition hearings.
CloseAlec P. Ostrow
Partner
Becker Glynn Melamed & Muffly
He has served as lead counsel for many businesses that successfully reorganized in chapter 11 or in out-of-court... | Read More
He has served as lead counsel for many businesses that successfully reorganized in chapter 11 or in out-of-court restructurings, as well as lead counsel for buyers and sellers, trustees, and officers and directors of distressed business. He has also represented banks and insurance companies as creditors in major bankruptcy cases such as Lehman Brothers, Adelphia Communications and Enron.
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