Preserving the Privilege for In-House Counsel: Communications and Common Issues

In-house counsel often wear multiple hats, which can complicate or even eliminate the opportunity to assert the attorney-client privilege. This first article in our series distilling the takeaways from a recent Strafford panel covers best practices when communicating with in-house counsel and how to handle common privilege issues, such as logs, affidavits, joint defense agreements, waivers, auditor reports and mergers. In the second part, we will cover how privilege can be maintained in internal investigations and how to prepare when a litigant seeks to depose in-house counsel. The panel featured attorneys from Venable, Baker Donelson and Bradley Arant. See “Preserving Privilege in Communications Involving In-House Counsel” (Feb. 27, 2019).

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