Review relevant Canadian rules of professional conduct and discuss global privilege rules comparatively, highlighting practical challenges facing corporate counsel such as providing legal advice, and handling legal communications that span jurisdictions, Finally, receive guidance on how to manage your legal team in light of jurisdictional differences.
Discuss the various roles in-house counsel tend to play and how they are affected by attorney-client privilege rules.
An informative article on third party disclosures.
Discuss the various roles in-house counsel tend to play, and how they are affected by attorney-client privilege rules; learn about attorney-client privilege rules from around the world and how they apply in the compliance context; discuss in depth the Professional Conduct Model Rules 1.6, 1.13 and others as appropriate; and discuss the pros and cons of non-lawyers assuming compliance roles.
A short article on the dominant purpose test, focused on the change in evidential burden on parties after the decision in Tchenguiz v. SFO.
The scope of information to be held confidential is remarkably similar for all lawyers, no matter the country you practice in. The real differences are manifested in the exceptions to the duty of confidentiality and the applicability of the duty to in-house lawyers. The exceptions to confidentiality are generally (though not universally) broader in the United States. Do not always assume that US ethics law is the most protective. When it comes to confidential information relating to business crimes or fraud, for example, it often may not be. It is imperative to fully understand and properly analyze confidentiality and choice of law issues where foreign ethics law is involved.
Google was recently ordered to produce a “smoking gun” email that it claimed to be protected by the attorney-client privilege. The Federal Circuit’s ruling represents a troubling trend. It seems that privileged communications are disappearing in the digital age. This article discusses how to mitigate the undermining of privilege in electronic communications.
This check card is a printable resource with practical advice for the dos and don'ts of dealing with attorney-client privilege in the United States.
This 25-minute course explains the attorney-client privilege as it applies to our organization, as well as how to recognize and protect privileged materials and communications. (Licensed for use in classroom settings only and not for distribution in any form.)
This Wisdom of the Crowd (ACC member discussion) addresses concerns and tips for managing attorney-client privilege in an open office environment, under US law. This resource was compiled from questions and responses posted on the forum of the Law Department Management and Small Law Department ACC Networks.