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Emerging Issues in Privilege and Conflicts of Interest

Friday, October 24, 2014

9:30 a.m.

Welcome and Introduction to the Program

9:45 a.m.

Work Product and the Business Lawyer

The panel will discuss the elements of the work product doctrine, and how the doctrine differs from the attorney-client privilege. When is protectable work product (as distinguished from attorney-client privilege) created in a business or transactional practice? If attorney work product is protectable only when created “in anticipation of litigation,” why should business lawyers worry about it? If business lawyers should worry about work product, what exactly should be their concern?

Lawyer-Client Disputes and the Privilege for Communications within a Law Firm with the Firm’s Own In-House Counsel

When misconduct or mistakes occur, does outside counsel have a privilege against its own client? Under what circumstances might a privilege exist? What about the pre-litigation period, between the time that a client or outside counsel becomes concerned about possible misconduct or mistakes and the time diplomacy has failed? What should the client do to address its concerns? What must or should outside counsel do?

10:45 a.m.

Break

11:00 a.m.

Attorney-Client Privilege and the Internal Investigation

The panel will discuss the D.C. Circuit’s recent decision in In re Kellogg, Brown & Root, Inc. as a springboard and discuss how a company should preserve the attorney-client privilege and work product doctrine while conducting an internal investigation

12:00 p.m.

Networking Lunch (Included)

Enjoy lunch with the panelists and other attendees. In the past, we have had a number of in-house attorneys attend this program from both smaller and larger business throughout the state.

12:50 p.m.

Attorney-Client Privilege and Conflicts of Interest in Mergers & Acquisitions

Who holds the duty of confidentiality and the attorney-client privilege after a merger, acquisition, or divestiture? If there are disputes after the deal closes, who has access to information in counsel’s possession? Which deal participants is an acquired or divested company’s former counsel disqualified from representing? How effectively can these issues be managed in advance?

1:50 p.m.

Break

2:00 p.m.

Conflicts of Interest in a Complex World

What are the implications of the confidential information to which an experienced lawyer has been exposed when that lawyer gets hired into corporate law department or a private firm? How can any problems be managed?

What kinds of conflicts should be easier or more difficult for the thoughtful client to waive? What kinds of strategies should clients and outside lawyers adopt in approaching questions of waiver?

3:00 p.m.

Adjourn

UNC School of Law | Van Hecke-Wettach Hall | 160 Ridge Road, CB #3380 | Chapel Hill, NC 27599-3380 | 919.962.5106


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