Preserving Attorney-Client and Work Product Privileges in Class Action Litigation
Protecting Confidential Information, Avoiding Inadvertent Disclosures, and Navigating the Complexities of Parallel Regulatory Investigations
Recording of a 90-minute CLE webinar with Q&A
This CLE webinar will provide guidance to class counsel for preserving the attorney-client privilege and leveraging the work product doctrine in class litigation. The panel will offer their insights on when the privilege attaches, how it can be waived, and special considerations for protecting confidential documents from disclosure during litigation when a parallel regulatory proceeding accompanies a class claim.
Application of attorney-client privilege to class action litigation
- Communications between plaintiffs' attorneys and putative class members
- Communications between plaintiffs' attorneys and class representatives
- Other privileged communications
- Considerations when there are parallel regulatory investigations
Best practices for preserving attorney-client privilege and work product protection
- Communications—legal vs. business
- Witness interviews
- Electronic documents
The panel will review these and other key questions:
- When does attorney-client privilege attach to communications between putative members of a class and plaintiffs’ counsel?
- When does disclosure to the government during a regulatory investigation waive the attorney-client privilege or work product protection in a related class action proceeding?
- What are some best practices for plaintiffs and defense counsel to preserve the attorney–client privilege?
Following the speaker presentations, you'll have an opportunity to get answers to your specific questions during the interactive Q&A.
Myron M. Cherry
Myron M. Cherry & Assoc.
Mr. Cherry has over 40 years of experience as a trial lawyer. In the early 1970's, Mr. Cherry became nationally... | Read More
Mr. Cherry has over 40 years of experience as a trial lawyer. In the early 1970's, Mr. Cherry became nationally known for his work in drafting and implementing federal and state environmental legislation, and he tried many of the first lawsuits brought under these statutes. Mr. Cherry has tried a wide variety of business and commercial cases throughout the U.S. in federal and state courts, involving securities, antitrust and complex financial matters.Close
Arthur C. Fahlbusch, Jr.
King & Spalding
Mr. Fahlbusch, a member of the firm’s E-Discovery Group, is a commercial and product liability litigator with... | Read More
Mr. Fahlbusch, a member of the firm’s E-Discovery Group, is a commercial and product liability litigator with experience in all phases of litigation in state and federal courts. His practice focuses on discovery issues in complex litigation, and litigating attorney-client privilege and work product claims. Mr. Fahlbusch is a frequent speaker on e-discovery and privilege.Close
Mr. Walters is a Partner in the Litigation Department, Practice Leader of the Product Liability and Mass Tort... | Read More
Mr. Walters is a Partner in the Litigation Department, Practice Leader of the Product Liability and Mass Tort Group, and a member of the Complex Commercial Litigation, Consumer Class Action Litigation, and E-Discovery and Data Management Groups. He is national counsel for several consumer product manufacturers and has significant experience defending class certification proceedings.Close