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A powerpoint presentation on privilege in the international arena.

A discussion regarding the lack of legal privilege for in-house counsel in Europe.

The company's subsidiary is being sold to a competitor. The CEO's daughter wants to buy a house. An employee confesses an inappropriate activity to you. Conflict can be tough to avoid for in-house counsel. This program will help you assess the critical issues of who your client is, what constitutes a conflict, how far you can go in providing advice to those who aren't your corporate client, and how you can avoid or extricate yourself from this logjam of issues.

Serving as a witness is a particularly tricky situation for in-house counsel, who are often involved in both business and legal affairs and communications posing vexing ethical issues. When called as witnesses, however, how do in-house counsel manage the expectations of their company, protect confidential information, live up to the legal and ethical standards set by the profession, and still abide by the law?

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The most often-cited advantages of in-house practice include the opportunity to be involved in business decisions early in the process, to assist clients in risk management, and to answer to only one client. In short, we value being a member of the business team and as the saying goes, "membership has its privileges." But membership has a decidedly dark side: the potential to destroy the privileges we rely on to be effective advocates. Our panel will explore the peculiar challenges that in-house counsel face in asserting or preserving the attorney-client privilege.

The attorney-client privilege and work product doctrines are under attack: recent ACC surveys have shown that in-house lawyers are experiencing increasing demands for clients to waive their privilege in a broad range of contexts, including prosecutorial, regulatory, with regard to third parties, and in the audit context. Panelists will share information on what’s happening and provide practical suggestions on practices your law department can implement to help preserve your client’s privilege and satisfy informational requests without waiver.

Annual Meeting 2006: The increased regulatory scrutiny and civil litigation which has followed in the wake of Enron and other corporate disasters means that, more than ever‚ companies must be scrupulous about taking proper precautions to protect sensitive documents and internal investigations. In particular, the conundrum of whether to waive attorney-client privilege in the face of the demand for disclosure from regulators is one that confronts many companies.

The protection of legal professional privilege has been under attack in recent months. Many in-house attorneys are not aware that their privilege is at risk nor do they understand what exactly they are jeopardizing should it be lost. Gain a greater understanding of this protection and how you can utilize this in your work, to you and your company’s benefit by reviewing this program material.

Presented at the ACC Greater New York Chapter Ethics Marathon on June 19, 2007, this document provides guidance on how to conduct investigations, in light of Hewlett Packard.

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