May 10, 2023 Litigation CLE Institute
8:30 a.m. - 9:00 a.m. Registration & Breakfast
9:00 a.m. - 10:00 a.m. Session 1
"Preservation, Privilege, and Privacy: The Challenges of Conducting Business – and Discovery – in the Modern Era"
Presented by Armstrong Teasdale
Headline news has recently been filled with stories relating to attorney-client privilege and spoliation. As electronic documents, and therefore electronic evidence, are increasingly introduced in legal matters, the margin of error, or perhaps deliberate error, widens. Armstrong Teasdale lawyers and In-House Counsel discuss types of electronic evidence and what communications are privileged, the uptick in successful spoliation motions, and best practices and policies for employers as it relates to electronic records. In addition, they will explore common-interest privilege and other doctrines that have recently surfaced in court proceedings.
Speakers:
- Shelley Kinsella, Partner, Armstrong Teasdale
- Christopher Lynett, Senior Associate, Armstrong Teasdale
- Jonathan Stemerman, Partner, Armstrong Teasdale
- Jennifer Hall, Associate General Counsel, TMS International, LLC
10:15 a.m. - 11:15 a.m. Session 2
"Things We Know for Sure About the Attorney-Client Privilege That Just Ain’t So: Privilege Pitfalls for In-House Counsel"
Presented by Greenberg Traurig, LLP
Application of the attorney-client privilege has confused many, especially when the communication at issue has a mixed legal and business purpose. Indeed, it so confused the Supreme Court in January that it dismissed a case on the issue after argument, a thing the Court almost never does. Ethics and compliance issues, hotline complaints, audits, management systems, reporting systems to support ESG or other efforts, and the like are communications with multiple purposes. A lot that many people are sure they know – for example, that just having a lawyer sit-in on a business meeting makes everything said privileged from discovery – probably isn’t true. But what is true? When are communications to or from in-house counsel protected by the privilege? What’s privileged, what isn’t, and what is murky? What are good practices to establish privilege over new communications and to claim privilege over old ones?
Speakers:
- David Mandelbaum, Shareholder, Greenberg Traurig
- Greg Sturges, Counsel, Greenberg Traurig
- Alexandra C. Chiaruttini, Chief Administrative Officer & General Counsel, York Water Company
11:30 a.m. - 12:30 p.m. Session 3
"Demystifying Cyber Coverage"
Presented by Anderson Kill
For several years, companies have been increasingly buying insurance coverage for data breaches and other cyber events. But as many policyholders have found, having an insurance policy – even one that is specifically tailored to cyber risks – does not necessarily mean that a ransom payment will be covered or the full extent of a loss paid. In this session, you will hear from in-house counsel, an insurance broker and coverage counsel who will provide insights on the questions to ask when you are considering purchasing (or reducing) cyber coverage, as well as strategies to consider when challenging a coverage denial.
Speakers:
- Pamela D. Hans, Managing Shareholder, Anderson Kill
- Jon Margolis, Vice President & Practice Group Leader, Toll Brothers
- Margaux Weinraub, CPCU, ARM, CPLP. CCIC, Cyber Practice Leader, Graham Company
