Privilege and work product issues are deceptively complex. The complexity is greater for in house counsel than outside counsel because in house counsel often play a business as well as a legal role and the protections may not be as strong for in house counsel as outside counsel in some jurisdictions. This DMi program will cover:
1. When does the privilege apply to in house counsel—and when does it not?
2. Steps in house counsel can take to maximize the potential for protection—directives and documentation.
3. Scope of work product protection for in house counsel—including interrelationship with privilege.
4. Steps in house counsel can take to maximize the protection for work product protection—directives and documentation.
5. Educating executives and other constituents on privilege and work product protection, both the do’s and don’ts.
6. Waiver of privilege: prevention and reaction.
7. How in house counsel should response to constituent confusion, such as including cc to counsel on business e-mail that has been inappropriately labeled as privileged.
8. Giving legal advice in the context of business meeting.
9. Nuances on UpJohn.
10. Kovel & functional equivalents: don’t know what they are or what they mean?
Note: this program will not cover investigations by in house counsel; there will be separate program on that issue.
Credits: 1.0 CA Elimination of Bias CLE; 1.2 NJ Diversity, Inclusion & Elimination of Bias CLE; 1.0 NY Diversity, Inclusion & Elimination of Bias CLE; 1.0 PA Ethics CLE;
1.0 Ethics HRCI; 1.0 SHRM
(Other states available for CLE credits upon request)
To pay by check for this program, please fill out this Registration Form
Nonprofits: When registering, please use the promo code NPDiscount22 when adding this course to your cart to receive your 10% discount.