Privilege and Work Product Protection: Educating Management and Employees

Recorded: Wednesday, July 22, 2015

Duration: 75 minutes

Recently, a leading law firm and its federal government client were required to turn over 30,000 documents that included previously shielded emails and other communications in a $40B shareholder lawsuit. Why? Because the attorney for the government – a Yale-educated partner with 20+ years of practice who was twice named "Dealmaker of the Year" – arguably said too much when he was on the stand. The judge found that this lawyer had spoken so freely about counseling advice he had given the government that he waived any existing attorney-client privilege.*

While simple in the abstract, attorney-client privilege issues can get complicated very quickly in the real world as this case shows. Take 75 minutes on July 22nd to make sure you and your colleagues don't make the same mistake. Join Practical Law as Thomas Spahn, a partner with McGuireWoods LLP and author of "The Attorney Client Privilege and The Work Product Doctrine: A Practitioner's Guide" explains how to provide practical guidance to management on the maintenance of the attorney-client privilege and work product protection.

During this webinar, you will:

  • Learn training techniques to effectively explain the attorney-client privilege and work product protection to non-lawyers.
  • Obtain practical guidance on creating a corporate atmosphere conducive to maintaining the privilege.
  • Discover special considerations when addressing the Board of Directors.
  • Explore real-life examples where attorney-client privilege was waived, the effect this had on the situation and how waiver could have been prevented.
  • Have a basis for creating realistic restrictions on employee social media usage to avoid waiver of privilege.

A short Q&A will follow.

Thomas E. Spahn, Partner, McGuire Woods LLP

Brian Lavin, Senior Legal Editor, Practical Law Litigation

*Source: Flaherty, Scott. "How Davis Polk Emails Hurt Government in AIG Case." The AM Law Litigation Daily. ALM, 15 June 2015.

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