In-House Counsel: Protecting Legal Privilege When Working With Outside Public Relations Firms
Third-Party Waiver Exception Doctrine and Best Practices in Compliance With Kovel and Copper Market Antitrust Litigation
Recording of a 90-minute CLE video webinar with Q&A
This CLE course will prepare in-house counsel to protect confidential business communications that may be shared with public relations firms in the course of protecting the company's public image or handling a current crisis. The panel will address the standards of meeting the third-party exception doctrine defined in a recent series of cases and best practices for protecting communications and attorney work product.
Outline
- Reasons to engage a PR firm
- Litigation
- General public image
- Privilege
- Overview
- Waiver
- Exceptions to waiver
- Necessity test
- Functional equivalent test
- Best Practices to preserve privilege
- Documentation
- Engagement agreements
- Billing
Benefits
The panel will review these and other important topics:
- Reasons to engage a PR firm: during litigation and outside litigation
- What types of communications are privileged and work-product privileged
- Standards for the necessity test
- Standards for the functional equivalent test
- Best practices for documentation and billing
Faculty
Donna L. Fisher
Retired Partner and Pepper Center Fellow
Troutman Pepper
Ms. Fisher is a Troutman Pepper Retired Partner and is currently a Fellow of the Pepper Center for Public Service,... | Read More
Ms. Fisher is a Troutman Pepper Retired Partner and is currently a Fellow of the Pepper Center for Public Service, pursuant to which she continues to work on multiple social policy and immigration matters. She has written and presented extensively on attorney client privilege issues, electronic discovery developments and social media discovery.
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Matthew J. Hamilton
Partner
Troutman Pepper
Mr. Hamilton has more than 24 years of experience representing clients in complex pharmaceutical products... | Read More
Mr. Hamilton has more than 24 years of experience representing clients in complex pharmaceutical products liability and commercial litigation, with an emphasis on the defense of federal multidistrict litigation, coordinated state court actions, class actions and other complex matters. Mr. Hamilton is certified in legal project management and Legal Lean Sigma. He trains and manages contract counsel and alternative legal service providers in nationwide litigation to deliver excellent results and client value. Mr. Hamilton has significant experience managing, directing and coordinating complex litigation through joint-defense groups and local counsel across jurisdictions.
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Brett Ashton Mason
Attorney
Troutman Pepper
Ms. Tarver defends primarily pharmaceutical and medical device companies in litigation involving mass tort, personal... | Read More
Ms. Tarver defends primarily pharmaceutical and medical device companies in litigation involving mass tort, personal injury and wrongful death claims in state and federal courts across the United States. She has experience in all aspects of discovery, trial preparation, and trial practice including taking and defending depositions, motions practice, witness preparation, trial strategy development, and witness examinations at trial. Ms. Tarver has experience serving as trial counsel for a global tobacco manufacturer in trials across the United States, from Massachusetts to the U.S. Virgin Islands.
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