In-House Counsel Depositions: Navigating Complex Legal and Ethical Issues
Reducing the Likelihood of Being Deposed, Responding to Deposition Notices and Subpoenas, Protecting Privileged Information
Recording of a 90-minute CLE webinar with Q&A
This CLE course will provide guidance for in-house counsel to minimize potential damage to the corporation when noticed or subpoenaed for a deposition. The panel will explain how the attorney-client privilege and other evidentiary privileges may be strategically asserted to protect confidential information.
Outline
- Application of Federal Rules of Civil Procedure to depositions of in-house counsel
- Key court decisions impacting depositions of in-house counsel
- Best practices for responding to deposition notices and subpoenas
- Best practices for protecting privileged information
Benefits
The panel will review these and other key issues:
- What guidance do the Federal Rules of Civil Procedure and relevant case law provide regarding the deposition of in-house counsel?
- How can in-house counsel prepare to address privilege issues that arise during depositions?
- How can in-house counsel best distinguish between business advice and legal advice when responding to questions during depositions?
- What are some effective tactics for in-house counsel responding to deposition notices or subpoenas?
Faculty
David M. Greenwald
Partner
Jenner & Block
Mr. Greenwald is a litigator in high-stakes, complex disputes relating to commercial matters, cross border... | Read More
Mr. Greenwald is a litigator in high-stakes, complex disputes relating to commercial matters, cross border disputes, insurance and reinsurance coverage, structured finance, bankruptcy, internal investigations, and government contracts. He represents clients in domestic and international arbitrations, appeals, internal investigations, and global compliance reviews. He is the editor of his firm's Attorney-Client Privilege Update online resource center and its Protecting Confidential Legal Information handbook, and is co-editor of Testimonial Privileges, of the Second Edition of Privilege and Confidentiality: An International Handbook.
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Todd Presnell
Partner
Bradley Arant Boult Cummings
Mr. Presnell is a trial lawyer who represents major corporations, small businesses, governmental entities, tax-exempt... | Read More
Mr. Presnell is a trial lawyer who represents major corporations, small businesses, governmental entities, tax-exempt organizations, and individuals in their litigation-related needs. He is a recognized expert in the area of evidentiary privileges, including serving as editor-in-chief of Evidentiary Privileges for Corporate Counsel, and provides audit-related and training services to in-house legal departments in establishing and maintaining the corporate attorney-client privilege.
CloseChristina H. Bost Seaton
FisherBroyles
Ms. Bost Seaton is a business litigation lawyer with extensive experience litigating and counseling regarding... | Read More
Ms. Bost Seaton is a business litigation lawyer with extensive experience litigating and counseling regarding complex commercial disputes. She has particular expertise in the areas of restrictive covenants and trade secrets, privacy and information security, and whistleblowers. She regularly publishes and speaks on these topics.
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