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. A recent Strafford seminar featuring attorneys from Venable, Baker Donelson and Bradley Arant took a deep dive into the issue. This first article in our series distilling the takeaways from the panel covers best practices when communicating with in-house counsel and establishing privilege, and how to handle common privilege issues, such as 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. See “Preserving Privilege in Audits and Internal Investigations” (Jun. 24, 2020).

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