Emerging Issues in Privilege and Conflicts of Interest
Friday, October 24, 2014
Welcome and Introduction to the Program
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?
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
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.
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
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?