Protecting Attorney-Client Privilege and Avoiding Inadvertent Waivers of Privilege

February 24, 2015 10:30am

Karen D. McDaniel
Shareholder
Briggs and Morgan

Jonathan A. Harris
Partner
Axinn Veltrop & Harkrider LLP

Judith A. Waltz
Partner
Foley & Lardner LLP

Colleen Tracy James
Partner
Mayer Brown LLP

Mark Rachlin
Senior Patent Counsel
GlaxoSmithKline

  • Understanding the standard for a common interest where privilege may kick in
  • Making it clear that you are giving or seeking legal advice in the digital world of emails and texts
    • Business advice versus privileged attorney communications
    • Keeping confidential information private in an age when oversharing is commonplace
    • Case studies: Vioxx litigation and non-privileged email communications
  • Providing information in the discovery context without breaching attorney-client privilege
    • Creating a privilege log
    • Good document practices and confidentiality agreements
    • Setting up your systems so that confidentiality is protected
    • Knowing when to exercise the clawback provision
  • Conducting witness interviews during litigation with privilege to the client in mind
  • Protecting privilege across jurisdictions and across borders: choice of law and applicable rules both internationally and within different states
  • Putting protective orders in place and avoiding inadvertent waivers with privileged info during discovery
    • Rule 502(d) orders
    • Samsung v. Apple
  • Understanding the situations where an attorney either is permitted to or has a duty to make a disclosure which defeats privilege
    • Sarbanes Oxley mandates
    • SEC disclosures
    • Crime fraud exception