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Avoiding Waiver of the Attorney-Client Privilege

Date: Thursday, July 12, 2018
Time: 1:00 - 2:30 pm EST
Length: 90 minutes

Sponsored by Lorman Education Services


Registration for Session Only: $199.00

Registration plus Session Recording and Written Materials: $268.00
 

Description:

Avoid common pitfalls and become a better risk manager.

Minimize the risk of inadvertently waiving privileges. Get the information you need to protect the attorney-client and the work product privilege.

This topic will cover challenges faced in maintaining the attorney-client privilege including threshold issues, inadvertent disclosure or waiver, business vs. legal advice, professional advisors outside the privilege, and experts and consultants.

 The material will include examples drawn from recent court cases covering the privilege and practical advice on preventing waiver. This information will be particularly useful to in-house counsel and the lawyers who advise them. Pragmatic focus is given to privilege issues faced by in-house legal counsel and unique challenges to maintaining the privilege in their communications.

Areas Covered in the Session:

Attorney-Client Privilege and Ethics Issues

Threshold Issues

  • Initial Privilege Determination – Illustrative Examples
  • Work Product vs. Attorney-Client Privilege

Waiver – so Many Ways to Waive

Legal vs. Business Advice

  • Mixed Business and Legal Advice
  • Unique Challenges Presented to In-House Counsel

Experts and Consultants

Several Professional Conduct Rules Come Into Play

The Privilege in Other Corporate and Transactional Contexts

Credit Information (Sponsored by Lorman Education Services):

  • CLE
  • NALA
For Detailed Credit Information page click here

Only registered attendee will receive continuing education credit.

Faculty:

Rebecca M. Lamberth, Duane Morris LLP

  • Partner with Duane Morris LLP with more than 30 years of litigation experience
  • Co-Chair of the Firm’s Commercial, Securities and Antitrust Litigation Practice Division
  • Practices in the areas of securities litigation, complex commercial litigation and the representation of lawyers and law firms
  • Represents public and private companies, including REITs, with extensive experience in complex business and securities litigation, securities disclosure and corporate governance
  • Advises public company clients on securities disclosure, corporate governance and D&O insurance issues and represents corporate clients before the SEC
  • Represents and counsels lawyers and law firms in litigation and concerning professional conduct issues
  • Written and spoken on topics related to her areas of expertise
  • Atlanta Magazine named her a Georgia Super Lawyer (2006-2013)
  • Listed in the Super Lawyers Corporate Counsel Edition
  • Achieved the highest rating with the Martindale-Hubbell Law Directory
  • J.D. degree, University of Virginia School of Law; B.A. degree, summa cum laude, Vanderbilt University
  • Can be contacted at (404) 253-6000 or rmlamberth@duanemorris.com

Miguel Alexander Pozo, Duane Morris LLP

  • Partner with Duane Morris LLP with more than 20 years of litigation experience
  • Practices in the area of business litigation with an emphasis on employment law and trademark/IP matters for clients in the luxury consumer goods, and automobile industries, among others
  • Representative clients have included some of the most iconic brands in the world including Mercedes-Benz
  • Past Deputy General Counsel and Head of U.S. Litigation for Mercedes-Benz USA, LLC
  • Served on the N.J. Supreme Court District Ethics Committee (2008-2009)
  • Listed in New Jersey Super Lawyers (2010-2013; 2015)
  • N.J. Commission on Professionalism in the Law, "Professional Lawyer of the Year" (2011)
  • New Jersey Law Journal, “40 Under 40” Lawyers List (2009)
  • NJ Biz Magazine, “Forty Under 40” List (2009)
  • Past National President of the Hispanic National Bar Association (HNBA) and the Hispanic Bar Association of New Jersey (HBA-NJ)
  • J.D. degree Rutgers School of Law; B.A. degree, Hofstra University
  • Can be contacted at 404-253-6963 or mapozo@duanemorris.com

(Not available outside the US)