PRESSURE ON THE PRIVILEGE
Webcast Replay Seminar
ITEM #:  2629632001   |   EVENT CODE:  302913    |   CREDIT STATUS:  APPROVED
STANDARD PRICE
$175.00
MSBA MEMBER, NEW LAWYER, AND OTHER DISCOUNTS, IF APPLICABLE, WILL BE APPLIED DURING CHECKOUT.

ONLINE

Thursday, June 25, 2020

9:00 AM - 4:00 PM

Live ONLINE Replay – Highly Rated Seminar – Reduced Tuition!

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 a free 1-year subscription to the LinkedLaw (electronic) version of the Attorney-Client Privilege Deskbook containing 16 chapters covering all aspects of attorney-client privilege, written and edited by experienced and highly respected practitioners.


Originally presented September 23, 2019

Welcome & Introduction  (5 MINUTES)

Protecting Client Confidences – Asserting and Maintaining the Attorney-Client Privilege  (60 MINUTES)
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

In Camera Review – The Evaluation of Privileged Documents Behind Closed Doors  (45 MINUTES)
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)

Protecting the Attorney-Client and Work Product Privileges in Investigations  (45 MINUTES)
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

When Are Communications with Experts Exempt from Discovery?  (30 MINUTES)
Application and implications of Federal Rule of Civil Procedure 26(b)(4) and Minnesota Rule of Civil Procedure 26.01(b).
– Stephanie Laws

Privilege in Multiparty Litigation – The Joint Defense and Common Interest Privileges  (30 MINUTES)
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

How Your Data Security Obligations Intersect with Protecting the Privilege  (30 MINUTES)
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

Surprise! How Foreign Jurisdictions Differ from the U.S. on Attorney-Client Privilege – And Tips to Maximize Protection in the Face of Those Differences  (30 MINUTES)
0.5 ethics credit applied for
– Deborah A. Ellingboe

Ex Parte Contacts with Employees – Insider Informants, Hostile Company Witnesses and “Gag Orders”  (60 MINUTES)
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)

$175

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 customerservice@minncle.org.

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.

All course materials will be provided electronically. They include:

  • Complete course manual
  • Free 1-year subscription to the LinkedLaw (electronic) version of the Attorney-Client Privilege Deskbook
  • Powerpoint presentations
STANDARD PRICE
$175.00
MSBA MEMBER, NEW LAWYER, AND OTHER DISCOUNTS, IF APPLICABLE, WILL BE APPLIED DURING CHECKOUT.
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