POWER OF INTELLIGENCE

Insight Center: Webinars

Third-Party Attorney-Client Privilege Waiver Exceptions: Kovel, Common Interest and Functional Equivalent Doctrines

Speakers: Kevin D. Collins, Donna L. Fisher and Brian C. Spahn

10/16/2018
1:00-2:30 PM (ET), 10:00-11:30 AM (PT)
Third-Party Attorney-Client Privilege Waiver Exceptions: Kovel, Common Interest and Functional Equivalent Doctrines

Presented by Strafford Publications, Inc.

This CLE webinar will discuss significant exceptions to third-party attorney-client privilege waivers, including the Kovel doctrine for third-party consultants, the common interest doctrine, and the functional equivalent doctrine. The program will discuss the scope and applicability of these exceptions; steps counsel can take to leverage these exceptions; and case law developments regarding third-party attorney-client privilege waiver exceptions.

Companies increasingly outsource tasks and projects previously handled by in-house employees. That fact and the proliferation of joint ventures and mergers means attorney-client privilege risks when communicating with people outside the company or firm.

Corporate transactions and litigation often require attorneys and company management to rely on outside consultants and other third-party professionals. Companies may maintain the privilege for communications with company outsiders under several doctrines developed by the courts—for example, if the third parties can be shown to be the functional equivalent of employees of the company or agents of its lawyers. As another example, legal advice sought by both entities in a joint venture or merger may be protected by the privilege if the communications satisfy the common interest test.

Listen as our panel of litigators guides you through exceptions to third-party attorney-client privilege waivers: Kovel, the common interest, and functional equivalent doctrines. The panel will analyze the doctrines’ applicability to various corporate transactions and offer steps counsel can take to leverage these exceptions.

Panelists
Donna L. Fisher, Partner, Pepper Hamilton LLP
Kevin D. Collins, Partner, Bracewell
Brian C. Spahn, Shareholder, Godfrey & Kahn

CLE credit available.

 

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