Please join us for an Ethics presentation entitled “Representing a Special Committee: Analyzing the Attorney-Client Privilege and Related Issues” on Wednesday, December 6 from 2:00 - 3:00 PM (ET).
Individual board members come to you and explain that the company’s board of directors asked them to conduct an investigation into accounting irregularities. Who is your client? Are you representing the company, the company’s board of directors, a special committee of the board of directors, all three entities or these board members individually? The answers to these questions are critical to the way you structure the representation. The identity of your client affects the application of the attorney-client privilege to your confidential communications, waiver of the privilege, and the fate of those communications when the special committee has disbanded.
In this CLE program, our speakers will:
- Review the importance of identifying your client at the outset of a special committee engagement – and how to make that decision
- Explain the parameters of the attorney-client privilege and its applicability to special committee clients, including an exploration of who has the ability to waive the privilege while the committee is functioning and after the committee has disbanded
- Address the application of the work product protection in special committee engagements
- Highlight the differences in the application of these concepts under federal and state law.
The program is approved for one (1) MCLE Ethics credit in California, New Jersey (through reciprocity), New York and Pennsylvania. Credit for other jurisdictions may be available upon request.
Live simultaneous videoconference available in the following Pepper Hamilton offices: Berwyn, Boston, Detroit, Harrisburg, Los Angeles, New York, Orange County, Pittsburgh, Princeton, Silicon Valley, Washington, D.C., Wilmington.