Schedule and Faculty

Schedule times listed below are for the live seminar. Times for replays may differ due to varied start times and abbreviated lunch and break periods. Please refer to the DATES/LOCATION tab for individual replay start times.

8:30 – 8:55 a.m.

CHECK-IN & CONTINENTAL BREAKFAST

8:55 – 9:00 a.m.

WELCOME & INTRODUCTION

9:00 – 10:00 a.m.

Protecting Client Confidences – Asserting and Maintaining the Attorney-Client Privilege

1.0 ethics credit applied for

Attorneys have an ethical duty to protect their clients’ privileged information. And the scope of the privilege – and how best to set up protections on the front end – is often misunderstood. This opening session sets the stage for the day by discussing the following foundational topics: differentiating between business and legal communications for the purposes of protecting privilege, and protecting the privilege once it has been established.

– Jenny Gassman-Pines & Clifford M. Greene, Course Co-Chairs

10:00 – 10:45 a.m.

In Camera Review – The Evaluation of Privileged Documents Behind Closed Doors

So, what does the judge really think about your assertions of – or challenges to – attorney-client privilege or work product protection in litigation discovery practice? Hear judicial perspective on important considerations in a court’s in camera review, plus practical dos and don’ts for counsel in this context.

–  Judge Nancy E. Brasel & Judge Marta M. Chou

– Brooke D. Anthony (moderator)

10:45 – 11:00 a.m.

BREAK

11:00 – 11:45 a.m.

Protecting the Attorney-Client and Work Product Privileges in Investigations

What are the boundaries of the privilege in an internal investigation? What happens when an individual or entity makes voluntary disclosures to the government?

– Karl C. Procaccini & Michael M. Sawers

11:45 a.m. – 12:15 p.m.

When Are Communications with Experts Exempt from Discovery?

Application and implications of Federal Rule of Civil Procedure 26(b)(4) and Minnesota Rule of Civil Procedure 26.01(b).

– Stephanie Laws

12:15 – 1:15 p.m.

LUNCH (on your own)

1:15 – 1:45 p.m.

Privilege in Multiparty Litigation – The Joint Defense and Common Interest Privileges

0.5 ethics credit applied for

The joint defense and common-interest privileges are designed to protect the confidentiality of information where certain aligned parties seek to share information confidentially. But there are also important risks associated with these privileges that every lawyer should know. In this session, we will address how to recognize the improper assertion of such privilege and how to draft agreements and communications that maximize the chances that courts will recognize and apply the privileges.

– Robert J. Gilbertson & Anna M. Tobin

1:45 – 2:15 p.m.

How Your Data Security Obligations Intersect with Protecting the Privilege

0.5 ethics credit applied for

Learn more about attorney ethical obligations for securing client data (from professional responsibility and data security law perspectives) … and 10 practical tips to avoid common pitfalls that compromise that security.

– Nadeem W. Schwen

2:15 – 2:45 p.m.

Surprise! How Foreign Jurisdictions Differ from the U.S. on Attorney-Client Privilege – And Tips to Maximize Protection in the Face of Those Differences

0.5 ethics credit applied for

– Deborah A. Ellingboe

2:45 – 3:00 p.m.

BREAK

3:00 – 4:00 p.m.

Ex Parte Contacts with Employees – Insider Informants, Hostile Company Witnesses and “Gag Orders”

1.0 ethics credit applied for

May attorneys (and their agents) contact and interview an adversary’s employees without company permission? May employers prohibit employees from communicating with attorneys who are suing the company? What if an attorney is provided arguably privileged information by a witness...or even by a client? Attorneys representing businesses, employees, government entities and lawyers will explore this controversial and recurring scenario.

– Eric T. Cooperstein & Rachhana T. Srey

– Clifford M. Greene (moderator)