Legally Privileged Documents and In-House Lawyers:
How Far Does the Privilege Extend?
Thursday, May 15, 2008
This webinar will provide a practical discussion about the differing regimes applicable to privileged material in civil law and common law jurisdictions. In particular, the discussion will address the recent Akzo Nobel and Akcros decision by the European Court of First Instance, which declared that documents held by in-house counsel, and correspondence between a business and its in-house lawyers, were not protected by legal professional privilege in the circumstances of a European Commission competition law investigation. The presentation will focus on the following key topics:
- The general principles of legal professional privilege regarding discovery/disclosure of documents produced by or exchanged with in-house Counsel in civil law countries including in particular Germany and Latin America;
- General principles of legal professional privilege regarding discovery/disclosure of documents produced by or exchanged with in-house counsel in common law countries including in particular England and the United States;
- The significance of the AKZO Nobel/Akcros decision;
- How to protect against discovery or disclosure of documents produced by or exchanged with in-house counsel in arbitration proceedings;
- Practical hints and tips to protect legal professional privilege insofar as it is applicable to corporate dealings;
- The risks of the privilege not being applied in future cases as a result of the AKZO Nobel decision.
The presentation will offer a valuable, practical review of the issues faced by corporate in-house counsel, particularly those who work for multinational companies, and other attorneys who advise in-house counsel regarding protection of their documents from production in litigation and/or arbitration proceedings.
Philippa Charles (London)
Mark C. Hilgard (Frankfurt)
Timothy J. Tyler (Houston)