Preserving Privilege for In‑House Counsel: Communications and Common Issues (Part One of Two)

In-house counsel often wear multiple hats, which can complicate or even eliminate the opportunity to assert attorney-client privilege, panelists at a recent Strafford panel explained. The program featured Kimberly M. Ingram, attorney at Bradley Arant; Kenneth E. McKay, shareholder at Baker Donelson; and Kan M. Nawaday, partner at Venable. This first article in our two-part series outlining the takeaways from the panel covers best practices when communicating with in-house counsel and establishing privilege, as well as how to handle common privilege issues, such as waivers, auditor reports and mergers. The second article will address how privilege can be maintained in internal investigations and how to prepare when a litigant seeks to depose in-house counsel. For other issues related to attorney-client privilege, see “Scope of Mock Examination Reports, Preserving Privilege Over Findings and Disclosing Results to Investors (Part Two of Two)” (Apr. 20, 2021); and “Delaware Court Enforces Contractual Provision Preserving Attorney-Client Privilege Over Seller’s Pre‑Disposition Communications” (Jul. 16, 2019).

To read the full article

Continue reading your article with a PELR subscription.