Protecting Privilege in Post-Accident Investigations
Successfully Asserting Attorney-Client Privilege, Self-Critical Analysis Privilege, Work Product Doctrine and More
Recording of a 90-minute CLE webinar with Q&A
This CLE course will explore the thorny privilege issues that arise when companies self-investigate accidents or incidents involving their products or services. The panel will review recent court rulings on attorney-client privilege, self-critical analysis privilege, paralegal investigations and the work product doctrine, and offer strategies for protecting post-accident investigative reports from discovery.
- Business advice vs. legal advice
- Discoverable facts versus privileged communications
- Best practices and policies for conducting post-accident investigations
- Arguing against discoverability of post-accident investigation reports
- Review of recent court rulings
The panel will review these and other issues:
- How can counsel bolster the assertion that an investigation was conducted in anticipation of litigation?
- How can counsel help companies develop post-accident investigation policies that will protect potential work product?
- What are potential arguments for excluding post-accident investigation reports in subsequent litigation?
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.Close
Heidi G. Goebel
Ms. Goebel represents national and local companies in commercial litigation and in the defense of product... | Read More
Ms. Goebel represents national and local companies in commercial litigation and in the defense of product liability/personal injury cases. She has presented nationally on an array of litigation topics including workshops on deposition issues. She has been inducted into the Litigation Counsel of American and has consistently been recognized as Utah’s “Legal Elite” by Utah Business magazine.Close