In-House Counsel Communications: Protecting Attorney-Client Privilege and Work Product With Employee Statements
Best Practices During Litigation for Internal Communications and Taking Employee Statements
Course Details
- smart_display Format
On-Demand
- signal_cellular_alt Difficulty Level
Intermediate
- work Practice Area
Corporate Law
- event Date
Thursday, August 8, 2024
- 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 counsel (in-house and outside) to protect the attorney-client privilege over confidential communications with company employees and representatives in investigations and litigation, including document discovery and depositions. 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.
Mr. Boone focuses his practice on a wide range of corporate, executive and professional liability matters as both coverage and defense counsel. He has appeared on behalf of insurers, entities and individuals before federal and state courts throughout the United States at both the trial and appellate levels. Mr. Boone also has extensive experience in resolving legal issues prior to litigation, which includes everything from monitoring sensitive and complex insurance coverage matters to representing clients in a variety of federal, state and internal investigations. He has also advised numerous established and startup companies regarding corporate governance matters and currently serves as a director or adviser on several corporate boards.
In-house counsel are frequently required to become involved in business decision-making, programs, and initiatives, in addition to serving as trusted legal advisers for their clients. The in-house counsel's dual role as legal and business adviser to the corporation raises complex legal questions regarding the attorney-client privilege and potential conflicts of interest. Once an internal investigation or a government inquiry or civil litigation ensues, these and similar privilege questions and related issues become very immediate and very important to resolve so the corporation can adequately protect and properly assert the privilege in the matter.
To increase the likelihood of success in asserting the attorney-client privilege in investigations and litigation, in-house counsel should carefully distinguish the legal advice and services they render from business advice in routine work matters. Counsel must also clearly indicate when acting in a professional legal capacity.
Because in-house attorneys have dual roles both as legal and business advisers to a company, that raises complex legal questions regarding the application and preservation of privilege. Contexts to be addressed in this presentation include mergers and acquisitions, internal investigations, board presentations, audit requests, shared services or affiliate representation, and the impact of international communications as well as routine communications in the course of daily business.
Listen as our panel of experienced practitioners explains how counsel can distinguish between discoverable facts and privileged communications--and between business advice versus legal advice--with an eye towards protecting and preserving the privilege whenever possible. The panel will also provide strategies for supporting the application of the attorney-client privilege to certain communications.
- Business advice 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 protect and preserve the attorney-client privilege over communications with company employees?
- What limitations and exceptions to the attorney-client privilege are particular to the corporate context and how are they continuing to evolve?
- How can discoverable facts and privileged communications be distinguished in litigation and investigations?
- What are best practices for in-house counsel when making distinctions between business advice and legal advice?
- How can in-house counsel prepare to address corporate privilege issues that arise during depositions?
