Interested in training for your team? Click here to learn more

Privilege in IP Litigation: Overcoming Challenges in Review, Applicability to Foreign Attorneys, Disclosure

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

This program is included with the Strafford CLE Pass. Click for more information.
This program is included with the Strafford All-Access Pass. Click for more information.

Conducted on Thursday, September 12, 2019

Recorded event now available

or call 1-800-926-7926

This CLE course will guide IP counsel on the unique challenges related to privilege in IP litigation. The panel will discuss how the courts have treated the issue of privilege in IP litigation and address privilege review and the applicability to documents involving non-U.S. attorneys. The panel will also examine disclosure and offer best practices for protecting the privilege.


IP litigation relies heavily on documentation related to a company's proprietary information. As a result, large volumes of documents and electronically stored information (ESI) must be reviewed and produced. Asserting protection of such documents and information as privileged in litigation presents unique challenges given the volume of such documents/information, particularly when non-U.S. jurisdictions and multiple defendants are involved.

Clients have a reasonable expectation that their communications with counsel, including non-U.S. counsel, will be protected. However, questions about the application of the privilege to communications by foreign counsel and whether U.S. courts will recognize such communications as privileged remain. What steps should counsel take to ensure communications with foreign counsel are privileged?

Listen as our authoritative panel examines the unique challenges that counsel and parties face when large volumes of information and multiple jurisdictions and parties are involved in litigation. The panel will discuss how the courts have treated the issue of privilege in IP litigation, the challenges in protecting privilege, and the applicability to documents involving non-U.S. counsel. The panel will offer best practices for overcoming these challenges and protecting the privilege.



  1. Privilege review
    1. What is the privilege
    2. Multiple defendants and common interest doctrine
    3. Communications involving non-U.S. counsel
  2. Document and information review
    1. Procedures
    2. Inadvertent disclosure
    3. Clawback provisions
  3. Practical strategies for reviewing documents and protecting privilege during IP litigation (and prior to litigation)


The panel will review these and other high priority issues:

  • What challenges do counsel face when dealing with multiple defendants and non-U.S. counsel?
  • What steps should counsel take to increase the likelihood that communications among defendants or involving foreign counsel are protected?
  • What processes should counsel have in place during privilege review to minimize disclosure of protected information?


Dunlop, Sybil
Sybil L. Dunlop

Greene Espel

Ms. Dunlop helps clients resolve complex commercial and intellectual property disputes. She is a passionate advocate...  |  Read More

McIntyre, Jeffrey
Jeffrey B. McIntyre

Oblon McClelland Maier & Neustadt

As lead litigation counsel, Mr. McIntyre represents plaintiffs and defendants through all phases of patent infringement...  |  Read More

Petersen, Maxwell
Maxwell J. Petersen

Lewis Brisbois Bisgaard & Smith

Mr. Petersen is a patent attorney with over 25 years of highly diversified experience and a chemical engineering...  |  Read More

Access Anytime, Anywhere

Strafford will process CLE credit for one person on each recording. All formats include course handouts.

To find out which recorded format will provide the best CLE option, select your state:

CLE On-Demand Video