In-House Counsel Communications: Protecting Attorney-Client Privilege and Work Product With Employee Statements
Best Practices During Litigation for Internal Communications and Taking Employee Statements
Recording of a 90-minute CLE video webinar with Q&A
This CLE course will prepare counsel (in-house and outside) to protect the attorney-client privilege over confidential communications with company employees and representatives in investigations and litigation, including document discovery and depositions. The panel will discuss issues that arise regarding business advice versus legal advice, discoverable facts versus privileged communications, proving the applicability of attorney-client privilege, and other essential matters to assist in-house counsel.
- Business advice versus legal advice
- Discoverable facts versus privileged communications
- Proving that attorney-client privilege applies to certain communications
- Preparing in-house counsel for depositions
The panel will review these and other notable issues:
- What steps can in-house counsel take to protect and preserve the attorney-client privilege over communications with company employees?
- What limitations and exceptions to the attorney-client privilege are particular to the corporate context, and how are they continuing to evolve?
- How can discoverable facts and privileged communications be distinguished in litigation and investigations?
- What are the best practices for in-house counsel to make distinctions between business advice and legal advice?
- How can in-house counsel prepare to address corporate privilege issues that arise during depositions?
Michael B. Hayes
Mr. Hayes has been practicing in Philadelphia for more than 20 years. Previously, he was a partner with Montgomery,... | Read More
Mr. Hayes has been practicing in Philadelphia for more than 20 years. Previously, he was a partner with Montgomery, McCracken, Walker & Rhoads LLP. There his practice focused on complex commercial litigation in Federal and Pennsylvania state courts, government investigations involving pharmaceutical and medical device manufacturers, internal investigations, electronic discovery, data privacy, and attorney ethics matters. He also served as the founding chair of the firm’s eDiscovery Group and as the chair of its Pro Bono Committee.Close
Kenneth E. McKay
Mr. McKay has experience in a wide range of litigation areas. He concentrates on commercial litigation and real... | Read More
Mr. McKay has experience in a wide range of litigation areas. He concentrates on commercial litigation and real estate litigation, including eminent domain/condemnation matters.Close