About the Course
Introduction
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.
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.
Presented By
Drawing on 40 years as an advisor and litigator, Mr. Johanson provides strategic and practical legal counsel on employee ownership, executive compensation, equity incentive plans, non-qualified deferred compensation, and employee stock ownership plans. He advises on mergers and acquisitions, tax planning, business succession, estate planning, shareholder disputes, and non-competition issues, among other corporate and ERISA-related matters. Mr. Johanson defends companies and executives in complex business, employment, and class action disputes in federal and state courts nationwide. He has represented clients before regulatory agencies such as the U.S. Department of Labor, Internal Revenue Service, and Equal Employment Opportunity Commission, handling tax controversies, felony criminal indictments, and diverse ownership and business dispute resolutions. He also routinely defends ERISA fiduciaries, plan sponsors, selling shareholders, and investment and valuation advisers in high-stakes litigation spanning ESOP valuation disputes, fiduciary responsibilities, disclosure obligations, and investment issues. In addition, Mr. Johanson has argued cases before the U.S. Courts of Appeals for the Third, Fifth, Seventh, and Ninth Circuits and filed multiple petitions for writ of certiorari with the U.S. Supreme Court. Nationally recognized for his expertise and leadership in the ESOP field, he leads an innovative team that has handled more than 750 ESOP transactions.
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This 90-minute webinar is eligible in most states for 1.5 CLE credits.
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Date + Time
- event
Tuesday, November 1, 2022
- schedule
1:00 p.m. ET./10:00 a.m. PT
- Overview
- Privilege vs. immunity from discovery
- Choice of law
- Specific privileges
- Fiduciary exception to the attorney-client privilege
- Limits of Governmental Privileges
- Limits of litigation, settlement, and mediation privileges
- Limits of joint defense or common interest privileges
- Limits of quality assurance and peer review privileges
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?
