In-House Counsel and Protecting Attorney-Client Privilege in Investigations and Litigation
Course Details
- smart_display Format
On-Demand
- signal_cellular_alt Difficulty Level
- work Practice Area
Corporate Law
- event Date
Thursday, February 17, 2022
- schedule Time
1:00 p.m. ET./10:00 a.m. PT
- timer Program Length
90 minutes
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This 90-minute webinar is eligible in most states for 1.5 CLE credits.
This CLE course will prepare in-house counsel to protect confidential business communications during investigations, discovery, depositions, and litigation through the proper exercise of the attorney-client privilege. The panel will discuss issues that arise regarding business advice versus legal advice, discoverable facts versus privileged communications, proving the applicability of attorney-client privilege, and other essential matters to assist in-house counsel.
Mr. McKay practices in the area of commercial litigation with particular focus on land use and eminent domain throughout the United States, as well as energy, construction, intellectual property, and telecommunications work. He represents clients in various industries, including pipeline owners and operators, telecommunications providers, utilities, and other common carriers, as well as select commercial and residential developers and landowners in condemnation cases, pre-condemnation counseling, and infrastructure permitting.
Ms. Ingram focuses her practice on complex commercial and business litigation and appellate matters in state and federal courts. She strives to provide clients with consistent communication, high-quality advocacy and strategic solutions that fit clients’ real-world needs.
Mr. Nawaday is a seasoned trial, investigations, and criminal defense lawyer. A former Southern District of New York federal prosecutor, he zealously defends clients facing federal and state criminal and civil enforcement actions. Mr. Nawaday draws on his experience of having led more than 100 investigations, involving corruption and financial fraud; campaign finance fraud; bank, tax, and healthcare fraud; and money laundering.
The in-house attorney's dual role as a legal and business adviser to the corporation raises complex legal questions regarding conflicts of interest and the attorney-client privilege.
To increase the likelihood of success in asserting the attorney-client privilege in investigations, discovery, depositions, and future litigation, in-house counsel should carefully distinguish legal services from business advice in routine work matters. Counsel must also clearly indicate when acting in a professional legal capacity.
Once litigation ensues, in-house counsel must make strategic determinations regarding which communications are potentially privileged and whether and how to invoke the privilege to protect those communications.
Listen as our panel of experienced practitioners explains how in-house counsel can distinguish between discoverable facts and privileged communications--and between business advice and legal advice. The panel will also provide strategies for supporting the application of the attorney-client privilege to certain communications.
- Business versus legal advice
- Discoverable facts versus privileged communications
- Proving that attorney-client privilege applies to certain communications
- Preparing in-house counsel for depositions
The panel will review these and other notable issues:
- What steps can in-house counsel take to attempt to preserve the attorney-client privilege in certain communications?
- What are the limitations of and exceptions to attorney-client privilege?
- How can discoverable facts and privileged communications be distinguished?
- What are the best practices for in-house counsel to make distinctions between business advice and legal advice?
- How can in-house counsel prepare to address the privilege issues that arise during depositions?
