Privilege in Cross-Border Matters: Navigating the Complexities

Understanding the Interplay Between U.S. and International Privilege Law and Proactively Protecting Confidential Information

Recording of a 90-minute CLE webinar with Q&A


Conducted on Monday, November 24, 2014

Recorded event now available

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Program Materials

This CLE webinar will provide guidance to counsel for companies doing business internationally on the application and scope of attorney-client privilege. The panel will examine the interaction between U.S. and international law as it relates to privilege and offer best practices for navigating the complexities of the issues.

Description

Broad protections of communications between counsel and their clients are the cornerstone of the client confidence privilege in the American legal system. However, operating in the international context adds complexities in determining when and how it applies. As a result of the many differences for protecting confidential information, counsel must take special measures to safeguard such information.

The rules relating to privilege vary between countries. Some countries do not recognize a privilege for in-house counsel while others find no distinction between in-house and outside counsel. Some countries do not permit companies to exercise the privilege to shield confidential lawyer communications.

Counsel must guide clients and companies to understand the limitations of the privilege and potential exposure when communicating sensitive information. Counsel should take proactive steps to protect confidential communications.

Listen as our authoritative panel discusses the scope of the privilege and international privilege rules. The panel will examine the interaction between U.S. and international law as it relates to privilege and offer best practices for navigating the complexities of privilege issues.

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Outline

  1. Scope of the attorney-client privilege
  2. International privilege rules
  3. Interaction between U.S. and international law regarding privilege issues
  4. Best practices for protecting attorney-client privilege

Benefits

The panel will review these and other key issues:

  • Will foreign courts give any deference to the broad protection of the American client confidentiality privilege?
  • How do other countries differ in protecting confidential client communications?
  • What practical steps can counsel take to ensure protection of privileged information outside the U.S.?

Faculty

Steven C. Bennett
Steven C. Bennett

Partner
Park Jensen Bennett

Mr. Bennett's practice focuses on complex domestic and international commercial litigation and arbitration,...  |  Read More

Jordan W. Cowman
Jordan W. Cowman

Shareholder
Greenberg Traurig

Mr. Cowman focuses his law practice on transnational projects and transactions, international agreements, public...  |  Read More

Geoff R. Hall
Geoff R. Hall

Partner
McCarthy Tétrault

Mr. Hall's practice focuses primarily on corporate and commercial litigation. He also has extensive experience in...  |  Read More

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