In-Person Replay Seminar
ITEM #:  1529632002   |   EVENT CODE:  279374    |   CREDIT STATUS:  APPROVED
This seminar is not currently available for online purchase


Wednesday, October 30, 2019

9:00 AM - 4:05 PM   |   Check-In:  8:30 AM

Minnesota CLE Conference Center

600 Nicollet Mall # 370

3rd Floor, City Center

Minneapolis, MN 55402

Pressure on the Privilege

What All Lawyers Must Know to Protect the Confidentiality of Attorney-Client Communications – or to Challenge Inappropriate Assertions of Privilege

What is NOT protected by attorney-client privilege may surprise you! And how to maintain that protection, where it does apply, may not be as intuitive as you think! Essential for every attorney, this course features:

  • 8 Sessions Tackling Real-World Practice Issues
  • An Outstanding Faculty Including Judicial Perspective
  • Practical Advice and Insights
  • Ethics Credits (applied for)
  • Special Deskbook Bonus
  • And more!

SPECIAL BONUS – The Attorney-Client Privilege Deskbook!
All attendees receive, for free, this Deskbook containing 16 chapters covering all aspects of attorney-client privilege, written and edited by experienced and highly respected practitioners.

Schedule times below are for the live seminar. Please refer to DATES & LOCATIONS for individual replay start times.

8:30 – 8:55 a.m.

8:55 – 9:00 a.m.

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, Course Co-Chair
– Clifford M. Greene, Course Co-Chair

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.

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.

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)

Monday, September 23, 2019
Minnesota CLE Conference Center
600 Nicollet Mall, Suite 370
Seventh Street & Nicollet Mall, Third Floor City Center
Minneapolis, Minnesota

Schedule times for replays may differ from those for the live program. Start times are as indicated below. Please register at least one week in advance to secure your copy of the course materials on the day of the seminar.

Minneapolis – 10/15/19 (Check-In 8:30; Replay 9:00)
Minneapolis – 10/30/19 (Check-In 8:30; Replay 9:00)
Minnesota CLE Conference Center
600 Nicollet Mall, Suite 370
Seventh Street and Nicollet Mall, Third Floor City Center

In-Person Live:  $245 MSBA members / $245 paralegals / $295 standard rate
In-Person Replay:  $225 MSBA members / $225 paralegals / $275 standard rate

Other discounts that may apply:

Scholarships available!
Need-based scholarships are available for in-person and online seminars. For further information or to obtain a scholarship application, contact us at 800-759-8840 or

Minnesota CLE is applying to the Minnesota State Board of CLE for 5.5 total CLE credits, including 3.5 ethics credits. The maximum number of total credits attendees may claim for this course is 5.5 credits.

Included in registration fee.

Can't attend? The course materials are available for $95 (plus tax and handling). To order, call Minnesota CLE at 651-227-8266 or 800-759-8840. Available in hard copy. Orders will be filled after the live seminar.

This seminar is not currently available for online purchase