This presentation will examine privilege in the corporate context under Upjohn Co. v. United States, its application in hypothetical situations, key elements to establish privilege, factors in deciding between privileged and non-privileged communications, recent case law, and practical steps to protect privilege.

This presentation will address recent development and ethical rules related to ESI, including the duty of competence, obligations in the event of receiving inadvertently produced documents, recent court rulings on ESI-related discovery issues, and related topics. 

 

The presentation will address how “smart” devices that can overhear communications might result in confidentiality breaches in a time when many attorneys are working from home from time to time, where those “smart” devices may be found. The second half of the program will explain the difference between common interest and joint representation. It will address how different jurisdictions have different views about whether the common interest doctrine applies outside the litigation context, and what kinds of provisions and disclosures are desirable in a common interest agreement to substantiate the validity of the agreement while also protecting the individual client’s ability to protect their own interests.