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Course Details

Course Information
  • smart_display Format

    On-Demand

  • signal_cellular_alt Difficulty Level

  • work Practice Area

    Class Action and Other Litigation

Date & Time
  • event Date

    Tuesday, November 1, 2022

  • schedule Time

    1:00 p.m. ET./10:00 a.m. PT

  • timer Program Length

    90 minutes

Credit Information

  • This 90-minute webinar is eligible in most states for 1.5 CLE credits.

$297.00
CLE
ALL

This CLE course will equip litigators to assert or overcome privileges beyond the attorney-client privilege and the work product doctrine by understanding overlooked exceptions and limitations to discovery and testimonial privileges and immunities. The program will discuss the often-overlooked fiduciary exception to the attorney-client privilege, the limits of litigation, settlement, and mediation privileges, defending against governmental privileges and more. The speaker will offer strategies for asserting or overcoming each.

Faculty

David R. Johanson
Senior Partner
Hawkins Parnell & Young

Mr. Johanson assists clients in general corporate matters and in employee ownership, benefit, ERISA, and related business matters, with an emphasis on executive compensation, equity incentive plans, non-qualified deferred compensation, ESOPs, ESOP transactions, mergers and acquisitions and related tax planning, and business succession and estate planning. He defends ERISA fiduciaries, plan sponsors, selling shareholders, and investment advisers in ERISA litigation matters involving ESOPs and business transactions in federal and state courts throughout the country in a wide range of controversies covering ERISA fiduciary responsibilities, ESOP valuation disputes, disclosure obligations, investment issues, and tax matters. He has extensive experience in negotiating ESOP, ERISA, and other issues with government regulatory agencies and in representing ERISA fiduciaries in litigation. Recognized nationally for his experience and expertise in the ESOP and executive compensation field, he is a past chair of the legislative and regulatory advisory committee of The ESOP Association. 

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Description

Litigators are sometimes caught flat-footed when asserting or challenging privileges or exceptions from discovery beyond the attorney-client privilege and the work product doctrine. Many are unaware of pivotal choice of law issues and the limits of joint defense agreements.

Counsel can best protect client information or get critical discovery if they know what questions to ask when trying to avoid privileges and what key fact patterns spell trouble for asserting claims of privilege. They are also well-served by knowing what so-called privileges are in fact not recognized, and what the limits of those that are.

Listen as our esteemed panelist guides counsel through the nuances of asserting or overcoming privileges beyond the attorney-client privilege and work product doctrine.

Outline

  1. Overview
    1. Privilege vs. immunity from discovery
    2. Choice of law
  2. Specific privileges
    1. Fiduciary exception to the attorney-client privilege
    2. Limits of Governmental Privileges
    3. Limits of litigation, settlement, and mediation privileges
    4. Limits of joint defense or common interest privileges
    5. Limits of quality assurance and peer review privileges

Benefits

The panel will review these and other critical issues:

  • What is the difference between a privilege and an exception to discovery?
  • Are privileges statutory or established by common law?
  • Do privileges apply outside courts of law?