In-House Counsel Communications: Protecting Attorney-Client Privilege and Work Product With Employee Statements
Best Practices During Litigation for Internal Communications and Taking Employee Statements
Recording of a 90-minute CLE video webinar with Q&A
This CLE course will prepare counsel (in-house and outside) to protect the attorney-client privilege over confidential communications with company employees and representatives in investigations and litigation, including document discovery and depositions. The panel will discuss issues that arise regarding business advice versus legal advice, discoverable facts versus privileged communications, proving the applicability of attorney-client privilege, and other essential matters to assist in-house counsel.
Outline
- Business advice versus legal advice
- Discoverable facts versus privileged communications
- Proving that attorney-client privilege applies to certain communications
- Preparing in-house counsel for depositions
Benefits
The panel will review these and other notable issues:
- What steps can in-house counsel take to protect and preserve the attorney-client privilege over communications with company employees?
- What limitations and exceptions to the attorney-client privilege are particular to the corporate context and how are they continuing to evolve?
- How can discoverable facts and privileged communications be distinguished in litigation and investigations?
- What are best practices for in-house counsel when making distinctions between business advice and legal advice?
- How can in-house counsel prepare to address corporate privilege issues that arise during depositions?
Faculty
![Boone, Richard](/img/t/d1c73ac827b8862f09286293b518f6c0.jpg)
Richard W. Boone, Jr.
Partner
Wilson Elser
Mr. Boone focuses his practice on a wide range of corporate, executive and professional liability matters as both... | Read More
Mr. Boone focuses his practice on a wide range of corporate, executive and professional liability matters as both coverage and defense counsel. He has appeared on behalf of insurers, entities and individuals before federal and state courts throughout the United States at both the trial and appellate levels. Mr. Boone also has extensive experience in resolving legal issues prior to litigation, which includes everything from monitoring sensitive and complex insurance coverage matters to representing clients in a variety of federal, state and internal investigations. He has also advised numerous established and startup companies regarding corporate governance matters and currently serves as a director or adviser on several corporate boards.
Close![McKay, Kenneth](/img/t/566f8aa43eccbe9d7d8aab80896526d8.jpg)
Kenneth E. McKay
Attorney
McKay Law Offices
Mr. McKay practices in the area of commercial litigation with particular focus on land use and eminent domain... | Read More
Mr. McKay practices in the area of commercial litigation with particular focus on land use and eminent domain throughout the United States, as well as energy, construction, intellectual property, and telecommunications work. He represents clients in various industries, including pipeline owners and operators, telecommunications providers, utilities, and other common carriers, as well as select commercial and residential developers and landowners in condemnation cases, pre-condemnation counseling, and infrastructure permitting.
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