Companies are increasingly relying on third-party consultants to perform tasks previously handled by employees. The attorney-client privilege is often implicated, as privileged communications must be shared with or conveyed to those consultants in order for attorneys to provide legal advice or for the tasks to be completed in compliance with law. While disclosure of legal communications with a third party normally results in waiver of the attorney-client privilege, the courts have developed several doctrines pursuant to which the privilege may be maintained.
This practical webinar will discuss the Kovel doctrine, the functional equivalent doctrine, and the common interest doctrine, all of which have been adopted and constantly refined by the courts in order to protect communications with third-party consultants that are required for or are an integral part of the provision of legal advice. You will learn about:
- The scope of the Kovel doctrine conferring privilege on confidential information provided by third-party consultants and professionals
- The requisite showing in order to successfully invoke the functional equivalent test and protect as privileged communications between attorneys and third parties.
- Practice pointers for joint venture partners in order to meet the common interest exception to third-party waiver of the attorney-client privilege.
Donna Fisher
Pepper Hamilton LLP
Donna L. Fisher is a partner in the Health Sciences Department of Pepper Hamilton LLP, resident in the Harrisburg office. She concentrates her practice in civil litigation, with an emphasis in the defense of pharmaceutical and medical device companies regarding marketed drugs, medical devices and over-the-counter drug products in product liability cases. Ms. Fisher is a graduate of the Dickinson School of Law of the Pennsylvania State University.
Brian Spahn
Godfrey & Kahn
Brian C. Spahn is a shareholder in the litigation group of Godfrey & Kahn’s Milwaukee office. His practice focuses on complex commercial litigation and white collar defense and internal investigations. He has handled banking and financial services litigation, antitrust, insurance, employment and trade secret misappropriation matters as well as managed complex class action defenses. Mr. Spahn received both his undergraduate and law degree from the University of Wisconsin-Madison.
Kevin Collins
Bracewell LLP
Kevin Collins is a partner at Bracewell. He formerly served as Assistant U.S. Attorney from the Eastern District of Texas. Kevin has a specific focus on process safety which results in four main areas of assistance for his clients: (1) responding to government investigations after industrial accidents; (2) representing clients during OSHA (process safety management standard) and EPA (RMP) enforcement proceedings; (3) improving safety culture in refineries and chemical plants; and (4) preparing for industrial accidents by helping to develop useful business-continuity plans, legal resource handbooks, release-reporting guides, and emergency field drills. He is a member of the AIChE, speaks often on the criminalization of process safety, and is an adjunct faculty member of The University of Texas at Austin.
CLE Credits (Law)
| Credit | Value | Type | Format |
|---|---|---|---|
In some CLE states, the course will be submitted to the bar after you register. If for any reason the course is not approved, we will fully refund your registration fee. If a state is listed on this course, then we are confident the course fits that state's standards and already is or will be approved for credit.
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Can I still receive Continuing Education Credits if I view the webinar recording instead of the live presentation?
In most cases, the answer is yes. Recorded webinars are not eligible for CLE credit in the following states: AR, KS, MS, NE, and RI. In all other jurisdictions, recorded programs are eligible for credit. In addition, CPE credit is not available for recorded webinars. Please note that recorded webinars are only eligible for a certain period of time based on the jurisdiction. To ask about your specific type of Continuing Education Credit or the requirements in your jurisdiction, please call us at 703-372-0550 or contact us.
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100% of attendees recommend this webinar
4 out of 5 stars
from 1 customer reviews
4 out of 5
Content was as expected, thank you. I appreciated the case citations and slides. Speakers each did a nice job–no specific comments or suggestions for improvement.
Stacy L.