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Course Details

Course Information
  • smart_display Format

    On-Demand

  • signal_cellular_alt Difficulty Level

    Intermediate

  • work Practice Area

    Corporate Law

Date & Time
  • event Date

    Friday, March 29, 2024

  • 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 webinar will discuss key challenges in protecting privileged communications and materials and how to avoid inadvertent waivers or disclosures. The panel will also offer insight into who and what is covered by the privilege and methods to ensure the protection of confidential material.

Faculty

Adam Schwartz
Shareholder, Chair White Collar Crime and Government Investigations Practice
Carlton Fields Jorden Burt LLP

Mr. Schwartz concentrates his practice on white collar criminal defense, False Claims Act (qui tam/whistleblower) defense, health care fraud and abuse matters, and OFAC sanctions compliance and licensing. He represents individuals and corporations in internal investigations, securities and accounting fraud, asset forfeiture, defense contractor fraud, money laundering, corporate compliance, grand jury practice and procedure, and complex civil fraud defense. Mr. Schwartz advises clients on BSA/AML and Patriot Act compliance and defends bank officers and directors in FDIC litigation. Prior to joining the firm, he prosecuted money laundering and asset forfeiture matters as an assistant U.S. attorney with the Eastern District of New York.

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Philip M. Berkowitz
Shareholder, Co-Chair International Employment Law Practice, Co-Chair Financial Services Industry Group
Littler Mendelson PC

Mr. Berkowitz advises multinational and domestic companies in a wide range of industries on employment-related matters. He has significant experience advising multinational companies regarding U.S. and overseas employment and executive compensation practices. Mr. Berkowitz represents employers in individual and class action lawsuits and arbitrations, and he appears in U.S. federal and state courts and before administrative agencies and international arbitration tribunals.  A respected authority on international employment law issues, Mr. Berkowitz conducts training worldwide on labor and employment matters. He is a frequent speaker before the American Bar Association, the International Bar Association, the Japan Society and other prominent international organizations.

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Description

Protecting privileged and other confidential information in the midst of investigations, audits, and civil litigation is a significant challenge for attorneys. Counsel must avoid inadvertently releasing records protected by the attorney-client privilege that can result in waiver of the privilege and address the challenges of safeguarding confidential material.

Third-party auditors and government agencies have taken aggressive approaches in the search, seizure, and collection of confidential information from businesses and individuals. Court rulings indicate a trend towards increased limits on attorney-client and work product protection. This is true particularly with the selective waiver doctrine and communications involving a company and its consultants, board members, and others.

Outside or inside auditors, government agents, and potential partners demand a wide variety of sensitive information from businesses and individuals. Our panelists will discuss how counsel can guide a company in protecting the attorney-client privilege during an internal investigation, outside or internal audit or investigation, or when negotiating deals.

Listen as our panel of legal specialists examines the issues surrounding the attorney-client privilege in investigations and audits, including who has the privilege, how it can be inadvertently waived, and how to shield information. The panel will discuss recent cases and trends in this area as well as provide their insights and best practices for preserving the privilege.

Outline

  1. Who has the privilege in internal investigations/audits
  2. Waiver of the privilege
  3. Disclosure to a company's auditors without waiving the company's privileges
  4. Best practices for preserving the privilege
  5. Cross-border challenges
  6. Controlling privileged material to reduce the possibility of a waiver
  7. Limited waiver agreements

Benefits

The panel will review these and other high priority issues:

  • How can a company maintain the confidentiality of sensitive information when conducting an internal investigation or during an audit or investigation by third-party investigators?
  • What are the critical considerations for counsel when traveling across borders both domestically and internationally?
  • What are the best business and legal practices for counsel and corporations to preserve the privilege?