The Intersection of Attorney-Client Privilege, Work Product Doctrine & Confidentiality

(396 Ratings)

Produced on: February 08, 2018

Course Format On Demand Audio

Taught by

Categories:

Course Description

Time 66 minutes
Difficulty Intermediate

Attorney-client privilege, the attorney work product doctrine, and a lawyers’ ethical duty to protect client confidentiality are similar and related, but different concepts, and the confluence/interaction of these concepts frequently confuses lawyers and judges. As a result, dicey situations may arise where one or more doctrine is in play, and these issues must be litigated.

This presentation, taught by Cohen Gresser partner C. Evan Stewart, is designed to help practitioners navigate in and around these challenging shoals.


Learning Objectives:

  1. Assess the similarities and differences between the privilege doctrine, the work product doctrine, and confidentiality
  2. Discuss where these doctrines may conflict in litigation
  3. Review hypotheticals for resolving doctrinal conflicts in practice

Faculty

C. Evan Stewart

Cohen & Gresser LLP

Mr. Stewart’s practice principally focuses on the financial services industry, handling litigation matters for domestic and international clients before federal and state trial and appellate courts, in arbitration forums, as well as before the Judicial Panel on Multidistrict Litigation and the U.S. Supreme Court. He advises clients on a range of complex commercial matters, including antitrust, bankruptcy, class action defense, ethics, intellectual property, internal investigations, securities litigation, and tax controversies.

Mr. Stewart was featured by the New York Law Journal in the “Top Trials of 2005” for his successful representation of Theodore Sihpol, the first person in U.S. history to be criminally charged for “late trading” mutual funds. More recently, Mr. Stewart successfully represented Gary Prince against the U.S. Securities and Exchange Commission. In May of 2013, after a three week bench trial in federal court, the judge dismissed all six charges of securities fraud against Mr. Prince.

With substantial experience in the financial services industry, Mr. Stewart served twelve years as Executive Vice President and General Counsel for The Nikko Securities Co. International Inc., as well as a director of Nikko Financial Services Inc. Additionally, Mr. Stewart served as First Vice President, Associate General Counsel, and Head of Litigation at E.F. Hutton & Company Inc. Since 2003, Mr. Stewart has been tasked by Goldman, Sachs & Co. to be responsible for, among other things, overseeing and litigating all of the disputes arising out of the company’s Private Wealth Management Division.

Recognized as a Super Lawyer for Securities Litigation since 2009, Mr. Stewart has also been hailed as a "Local Litigation Star" by Benchmark Litigation since 2010. In 2016, Mr. Stewart received theStanford D Levy Award from the New York State Bar Association's Ethics Committee for having "significantly contributed to an understanding of professional ethics by the publication of an article, commentary or a series of articles or commentaries on the subject". In 2008, he received the Modaq Content Award for writing the most popular article in the United States. Since 1980, Mr. Stewart has been AV(R) Peer Review Rated by Martindale-Hubbell.

Mr. Stewart is a visiting professor at Cornell University and an adjunct law professor at Fordham Law School. He has been a regularly contributing columnist for the New York Law Journal since 1990 and has published over 200 articles on diverse legal subjects; he is also frequently featured in the national media and regularly speaks across the country on securities, professional responsibility, and complex litigation issues.

Reviews

SW
Sheafe W.

Excellent presentation. Best practices were very helpful.

JS
James S.

a necessary course to understand our obligations in ethics and in litigation

MA
Mattie A.

Excellent

CR
Cory R.

Excellent presentation and speaker. I would have liked it to be longer to get even more information. Will be reading more of the speaker's materials on his website.

CM
Christopher M.

wonderfully intelligent

KP
Keith P.

excellent coverage of issues

LH
Lee H.

Excellent presentation!! Really good discussion of the attorney client and work product privileges!!!

AP
Albert P.

Great course.

WC
Wick C.

Great presentation

SJ
Scott J.

Very informative

SH
Stephen Lee H.

Outstanding and helpful.

SS
Sheila S.

Course contained a lot of highly substantive and nuanced material. it is very worthwhile.

CR
Chris R.

Excellent seminar.

SJ
Shaun J.

Fantastic coverage of a complex topic!

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