E-Discovery and Attorney-Client Privilege: Document Reviews and Inadvertent Disclosures
Conducting a Defensible Privilege Review and Leveraging FRE 502 and Clawback Agreements to Protect Communications and Documents
Recording of a 90-minute CLE webinar with Q&A
This CLE course will provide counsel with best practices for searching and identifying privileged documents amid electronically stored information. The panel will offer strategies for leveraging Federal Rules of Evidence (FRE) 502 and clawback agreements to preserve the privilege and confidentiality of work product.
Outline
- Privilege reviews
- FRE 502 and inadvertent disclosures
- FRE 502(b) “reasonable steps” to prevent and rectify disclosures
- FRE 502(d) court orders
- FRE 502(e) clawback agreements
- Leveraging use of clawback agreements
- Court imposition of clawback agreements
- Court interpretation of clawback agreements
Benefits
The panel will review these and other key questions:
- What are best practices for conducting privilege review and preparing privilege logs?
- What are the latest court decisions regarding waiver of the privilege for inadvertent document disclosures?
- How can counsel leverage FRE 502 and clawback agreements to control the cost of privilege review and protect against inadvertent waiver?
- How are various courts interpreting clawback agreements and to what degree do they rely on FRE 502(b) standards?
Following the speaker presentations, you'll have an opportunity to get answers to your specific questions during the interactive Q&A.
Faculty
Maura R. Grossman
Counsel
Wachtell Lipton Rosen & Katz
She has represented Fortune 100 companies and major financial services institutions in corporate and securities... | Read More
She has represented Fortune 100 companies and major financial services institutions in corporate and securities litigation, including civil actions and white collar criminal and regulatory investigations. Her practice focuses on advising lawyers and clients on legal, technical, and strategic issues with e-discovery and information management, domestically and abroad, as well as legal ethics.
CloseJennifer F. Beltrami
Member
Cozen O’Connor
She litigates complex commercial cases in federal and state courts nationwide and handles state appellate cases in New... | Read More
She litigates complex commercial cases in federal and state courts nationwide and handles state appellate cases in New York and the 2nd Circuit Court of Appeals. Her areas of expertise include sovereign debt litigation and enforcement proceedings, intellectual property litigation, and real estate litigation. She has also handled antitrust, securities, bankruptcy, and professional liability cases.
CloseSarah Jane Gillett
Shareholder
Hall Estill
She developed and heads the firm’s electronic discovery practice group and counsels clients on the development of... | Read More
She developed and heads the firm’s electronic discovery practice group and counsels clients on the development of records retention policies; litigation readiness strategies; preservation, collection, and production of electronic evidence; and obtaining electronic evidence from opposing parties. She is a member of Sedona Conference Working Group 1 on Electronic Document Retention and Production.
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