Third Parties and Attorney-Client Privilege: Common Interest, Functional Equivalence, Waiver
Recording of a 90-minute CLE webinar with Q&A
This CLE course will discuss significant exceptions to third-party attorney-client privilege waivers, including the Kovel doctrine for third-party consultants, the common interest doctrine, and the functional equivalent doctrine. The program will address the scope and applicability of these exceptions, including the steps counsel can take to leverage these exceptions, and case law developments regarding third-party attorney-client privilege waiver exceptions.
- Kovel doctrine and third-party consultants
- Common interest doctrine
- Functional equivalent doctrine
The panel will review these and other noteworthy issues:
- What kind of evidence supports the functional equivalent test to allow privileged communications between attorneys and non-employees of the company?
- What steps can companies in a joint venture take to meet the common interest exception to a third-party waiver of the attorney-client privilege?
- What is the applicability and scope of the Kovel doctrine conferring privilege on confidential information provided by third-party consultants and professionals?
Kevin D. Collins
Mr. Collins is a former Assistant U.S. Attorney from the Eastern District of Texas, and he has focused on process... | Read More
Mr. Collins is a former Assistant U.S. Attorney from the Eastern District of Texas, and he has focused on process safety since he assisted the Baker Panel investigate and issue its report on safety culture and corporate oversight of BP's North American refineries in 2005. His combination of process safety experience, trial experience, and technical understanding assits clients in solving their problems.Close
Donna L. Fisher
Ms. Fisher a Senior Counsel at Troutman Pepper’s Harrisburg office. She concentrates her practice in civil... | Read More
Ms. Fisher a Senior Counsel at Troutman Pepper’s Harrisburg office. She concentrates her practice in civil litigation, with an emphasis on complex pharmaceutical products and medical device liability and commercial litigation. Ms. Fisher has coordinated and directed large-scale hard copy and electronic discovery in multiple complex, multi-state litigations, including technology assisted review and related large volume privilege reviews. She has written and lectured on attorney-client privilege and attorney work product, technology assisted review, and social media discovery.Close
Brian C. Spahn
Godfrey & Kahn
Mr. Spahn’s practice focuses on complex commercial litigation and white collar defense and internal... | Read More
Mr. Spahn’s practice focuses on complex commercial litigation and white collar defense and internal investigations. He has handled banking and financial services litigation, antitrust, insurance, employment and trade secret misappropriation matters, as well as managed complex class action defenses. Mr. Spahn is a frequent author and lecturer on attorney-client privilege, among other legal topics.Close