Ready to Register?

MyLawCLE All-Access Pass

Best choice

Add the All-Access Pass and get this program —
plus 1,000+ live CLE programs every year.


All specialty & ethics credits included
38 practice areas
New sections: AI & the Law, Practice Management
100s of current and trending legal topics
Nationally recognized and highly experienced presenters

$395 / year — this program included
Register with the All-Access Pass

This program + 1,000+ CLE programs, all year

Or register for just this program

On-Demand Video

Recorded access + self-study credit.
$195 Register

Privilege and Work Product in Corporate Law: Avoiding Waiver, Managing Risk, and Extending Protection to Third Parties

Master protecting attorney-client privilege and work product doctrine through practical strategies for investigations, third-party communications, and litigation risk management.

2025-07-30 13:00:00

Program Details

2025-07-30 13:00:00

Program Details

2025-07-30 13:00:00

Over 1,000+ webinars

2025-07-30 13:00:00

Course Overview

Protecting Privilege in Corporate Legal Practice

2025-07-30 13:00:00

Participants will learn strategies for maintaining attorney-client privilege and work product protection across investigations, third-party relationships, and cross-border matters. These skills directly apply to reducing waiver risk in daily corporate practice.

Format

CLE Credit

2h CLE Credits

Level

Intermediate

Length

2

Key topics that will be covered

01
Client Identification
Determine which human beings within an entity you should take instructions from.
02
Third-Party Privilege
Extend privilege using Kovel doctrine, functional equivalent doctrine, or common interest privilege.
03
Internal Investigations
Maintain privilege through counsel involvement, Upjohn warnings, and written investigation plans.
04
Cross-Border Issues
Apply the touch-base test and understand privilege laws of relevant jurisdictions.
05
Litigation Holds
Issue specific preservation instructions immediately when litigation is anticipated.
06
Privilege Logs
Use human review for all privilege designations; technology alone is insufficient.

Program schedule

clock 1:00 pm - 1:15 pm EST

Foundations of Privilege in Corporate Legal Practice

This session establishes the groundwork for understanding attorney-client privilege and work product doctrine in corporate settings. Participants will explore how these protections vary across jurisdictions and learn the critical distinction between legal advice and business advice.

Jennifer M. OliverJennifer M. Oliver
Joshua SchlengerJoshua Schlenger
Robert TobeyRobert Tobey
clock 1:15 pm - 1:30 pm EST

Knowing Who Your Client Is

Navigate the complexities of client identification when entities act through human beings, from 50/50 ownership disputes to minority shareholders. This session covers essential practices including proper documentation, Upjohn warnings, and managing mission creep for in-house counsel.

Jennifer M. OliverJennifer M. Oliver
Joshua SchlengerJoshua Schlenger
Robert TobeyRobert Tobey
clock 1:30 pm - 1:45 pm EST

Extending Privilege Protection to Third Parties

Learn strategies for maintaining privilege when working with PR consultants, accountants, litigation funders, and other third parties. This session examines the Kovel doctrine, functional equivalent doctrine, and common interest privilege across various jurisdictions.

Jennifer M. OliverJennifer M. Oliver
Joshua SchlengerJoshua Schlenger
Robert TobeyRobert Tobey
clock 1:45 pm - 2:00 pm EST

Designing and Managing Privileged Internal Investigations

Master the essential elements of conducting privileged internal investigations, from selecting appropriate counsel to proper documentation practices. Participants will learn interview protocols, confidentiality requirements, and timing considerations for work product protection.

Jennifer M. OliverJennifer M. Oliver
Joshua SchlengerJoshua Schlenger
Robert TobeyRobert Tobey
clock 2:00 pm - 2:10 pm EST

Break

A short intermission allowing participants to refresh before continuing with the remaining program sessions.

Jennifer M. OliverJennifer M. Oliver
Joshua SchlengerJoshua Schlenger
Robert TobeyRobert Tobey
clock 2:10 pm - 2:30 pm EST

Cross-Border and Regulatory Privilege Challenges

Explore the complexities of maintaining privilege across international boundaries, including the touch-base test and varying treatment of in-house counsel globally. This session addresses GDPR considerations, regulatory investigations, and strategies for protecting privileged materials in multinational contexts.

Jennifer M. OliverJennifer M. Oliver
Joshua SchlengerJoshua Schlenger
Robert TobeyRobert Tobey
clock 2:30 pm - 2:50 pm EST

Ethics, Professional Responsibility, and Governance Obligations

Examine the ethical duties triggered when wrongdoing is discovered within an organization under Model Rule 1.13. Learn the scale of remedial actions available, from internal resolution to permissible disclosure, while balancing confidentiality obligations.

Jennifer M. OliverJennifer M. Oliver
Joshua SchlengerJoshua Schlenger
Robert TobeyRobert Tobey
clock 2:50 pm - 3:10 pm EST

Managing Litigation and Enforcement Risk Effectively

Develop practical skills for litigation holds, privilege log preparation, and handling inadvertent production under Federal Rule 502. This session covers AI-assisted review limitations, joint defense agreements, and protecting privilege in due diligence and transactions.

Jennifer M. OliverJennifer M. Oliver
Joshua SchlengerJoshua Schlenger
Robert TobeyRobert Tobey
Jennifer M. Oliver

Jennifer M. Oliver

Buchanan Ingersoll & Rooney

Joshua Schlenger

Joshua Schlenger

Sheppard Mullin

Robert Tobey

Robert Tobey

Johnston Tobey Baruch

Jennifer M. Oliver

Jennifer M. Oliver

Buchanan Ingersoll & Rooney

An experienced commercial litigator focusing on complex litigation including defending consumer class actions, multidistrict litigation, data breach class actions, antitrust matters, and privacy compliance counseling. She is a Certified Information Privacy Professional/United States by the International Association of Privacy Professionals.

Education & Credentials

Certified Information Privacy Professional/United States (CIPP/US) by the International Association of Privacy Professionals

Professional Involvement

Member of the team in the seminal U.S. Supreme Court case Ashcroft v. Iqbal. Board Member for the San Diego Volunteer Lawyers Program. Strong advocate of pro bono work.

Experience

Started litigation career at an Am Law 20 firm focusing on complex business litigation. Previously represented plaintiffs at a major class action and antitrust law firm where she formed and led the privacy, advice and counseling, and merger control practice group. Has played active roles in several high-profile jury trials, served as lead counsel in complex mediations, and argued before courts at trial and appellate levels. Experience on both plaintiff and defense side.
Joshua Schlenger

Joshua Schlenger

Sheppard Mullin

Represents corporate clients and business entities in high-stakes litigation in New York State and Federal courts and jurisdictions nationwide. Experienced trial attorney guiding clients in financial services, pharmaceutical, aerospace, manufacturing, and other industries through commercial, real estate, distressed assets, antitrust, trade secrets, securities fraud, and bankruptcy litigation.

Professional Involvement

Member of the New York City Bar's Commercial Law & Uniform State Laws Committee, which makes recommendations to the New York Legislature regarding adoption of Uniform Law Commission's proposed Uniform Laws. Member of the City Bar's Ethics Committee. Active in synagogue and communal organizational leadership.

Experience

Prior to joining Sheppard Mullin, interned at the Appeals Bureau of the Queens County District Attorney's office and was a litigator at major national law firms, including one of the country's preeminent bankruptcy firms. Skilled at presenting complex facts and legal concepts in understandable ways, obtaining results for clients at all phases of litigation from pre-complaint to appeal.
Robert Tobey

Robert Tobey

Johnston Tobey Baruch

Robert Tobey is a Shareholder at Johnston Tobey Baruch in Dallas, where he litigates legal malpractice and professional malpractice matters alongside commercial litigation, business disputes, and investment fraud cases, carrying them through trial, arbitration, and settlement. Best Lawyers has named him Lawyer of the Year in Legal Malpractice Law – Plaintiffs for Dallas/Fort Worth, and his speaking topics include malpractice avoidance and grievance defense and ethical fee agreements. He served as the 2020 President of the Dallas Bar Association.

Education & Credentials

Mr. Tobey earned his J.D. from the University of Texas School of Law in 1980 and a B.S. in Economics from the Wharton School of Business at the University of Pennsylvania, after undergraduate coursework as a finance major at Southern Methodist University. He is Board Certified in Consumer and Commercial Law by the Texas Board of Legal Specialization and holds an AV Preeminent rating from Martindale-Hubbell and a 10.0 rating from Avvo.

Recognition & Leadership

Best Lawyers has recognized Mr. Tobey as Lawyer of the Year in Legal Malpractice Law – Plaintiffs for Dallas/Fort Worth and has listed him in The Best Lawyers in America annually since 2013. He was inducted into the Lawdragon Hall of Fame in 2026 and appears among the Lawdragon 500 Leading Lawyers in America. He has been named to Texas Super Lawyers from 2003 through 2026 and to D Magazine’s Best Lawyers in Dallas from 2013 through 2025.

Professional Involvement

Mr. Tobey served as the 2020 President of the Dallas Bar Association and as an elected Director on the State Bar of Texas Board of Directors. He was a council member of the National Conference of Bar Presidents from 2021 to 2024, serves as Vice-Chair of the Board of Directors of the Dallas Bar Foundation, and sits on the boards of the State Bar College and Legal Aid of Northwest Texas. He also chairs the Advisory Board of the Greater Dallas Chapter of the Alzheimer’s Association.

Experience

Mr. Tobey’s practice centers on legal malpractice and professional malpractice litigation, and he speaks regularly on malpractice avoidance and grievance defense and on ethical fee agreements. His broader trial and arbitration practice covers commercial litigation, business disputes, and investment fraud, and his speaking topics extend to negotiation strategies, the Anti-SLAPP statute, and partnership dissolution warning signs.
Jennifer M. Oliver

Jennifer M. Oliver

Buchanan Ingersoll & Rooney

An experienced commercial litigator focusing on complex litigation including defending consumer class actions, multidistrict litigation, data breach class actions, antitrust matters, and privacy compliance counseling. She is a Certified Information Privacy Professional/United States by the International Association of Privacy Professionals.

Education & Credentials

Certified Information Privacy Professional/United States (CIPP/US) by the International Association of Privacy Professionals

Professional Involvement

Member of the team in the seminal U.S. Supreme Court case Ashcroft v. Iqbal. Board Member for the San Diego Volunteer Lawyers Program. Strong advocate of pro bono work.

Experience

Started litigation career at an Am Law 20 firm focusing on complex business litigation. Previously represented plaintiffs at a major class action and antitrust law firm where she formed and led the privacy, advice and counseling, and merger control practice group. Has played active roles in several high-profile jury trials, served as lead counsel in complex mediations, and argued before courts at trial and appellate levels. Experience on both plaintiff and defense side.
Joshua Schlenger

Joshua Schlenger

Sheppard Mullin

Represents corporate clients and business entities in high-stakes litigation in New York State and Federal courts and jurisdictions nationwide. Experienced trial attorney guiding clients in financial services, pharmaceutical, aerospace, manufacturing, and other industries through commercial, real estate, distressed assets, antitrust, trade secrets, securities fraud, and bankruptcy litigation.

Professional Involvement

Member of the New York City Bar's Commercial Law & Uniform State Laws Committee, which makes recommendations to the New York Legislature regarding adoption of Uniform Law Commission's proposed Uniform Laws. Member of the City Bar's Ethics Committee. Active in synagogue and communal organizational leadership.

Experience

Prior to joining Sheppard Mullin, interned at the Appeals Bureau of the Queens County District Attorney's office and was a litigator at major national law firms, including one of the country's preeminent bankruptcy firms. Skilled at presenting complex facts and legal concepts in understandable ways, obtaining results for clients at all phases of litigation from pre-complaint to appeal.
Robert Tobey

Robert Tobey

Johnston Tobey Baruch

Robert Tobey is a Shareholder at Johnston Tobey Baruch in Dallas, where he litigates legal malpractice and professional malpractice matters alongside commercial litigation, business disputes, and investment fraud cases, carrying them through trial, arbitration, and settlement. Best Lawyers has named him Lawyer of the Year in Legal Malpractice Law – Plaintiffs for Dallas/Fort Worth, and his speaking topics include malpractice avoidance and grievance defense and ethical fee agreements. He served as the 2020 President of the Dallas Bar Association.

Education & Credentials

Mr. Tobey earned his J.D. from the University of Texas School of Law in 1980 and a B.S. in Economics from the Wharton School of Business at the University of Pennsylvania, after undergraduate coursework as a finance major at Southern Methodist University. He is Board Certified in Consumer and Commercial Law by the Texas Board of Legal Specialization and holds an AV Preeminent rating from Martindale-Hubbell and a 10.0 rating from Avvo.

Recognition & Leadership

Best Lawyers has recognized Mr. Tobey as Lawyer of the Year in Legal Malpractice Law – Plaintiffs for Dallas/Fort Worth and has listed him in The Best Lawyers in America annually since 2013. He was inducted into the Lawdragon Hall of Fame in 2026 and appears among the Lawdragon 500 Leading Lawyers in America. He has been named to Texas Super Lawyers from 2003 through 2026 and to D Magazine’s Best Lawyers in Dallas from 2013 through 2025.

Professional Involvement

Mr. Tobey served as the 2020 President of the Dallas Bar Association and as an elected Director on the State Bar of Texas Board of Directors. He was a council member of the National Conference of Bar Presidents from 2021 to 2024, serves as Vice-Chair of the Board of Directors of the Dallas Bar Foundation, and sits on the boards of the State Bar College and Legal Aid of Northwest Texas. He also chairs the Advisory Board of the Greater Dallas Chapter of the Alzheimer’s Association.

Experience

Mr. Tobey’s practice centers on legal malpractice and professional malpractice litigation, and he speaks regularly on malpractice avoidance and grievance defense and on ethical fee agreements. His broader trial and arbitration practice covers commercial litigation, business disputes, and investment fraud, and his speaking topics extend to negotiation strategies, the Anti-SLAPP statute, and partnership dissolution warning signs.

Credits by state

AK2.0
AL2.0
AR2.0
AZ2.0
CA2.0
CO2.0
CT2.0
DC2.0
DE2.0
FL2.0
GA2.0
HI2.0
IA2.0
ID2.0
IL2.0
IN2.0
KS2.0
KY2.0
LA2.0
MA2.0
MD2.0
ME2.0
MI2.0
MN2.0
MO2.4
MS2.0
MT2.0
NC2.0
ND2.0
NE2.0
NH120.0
NJ2.0
NM2.0
NV2.0
NY2.0
OH2.0
OK2.5
OR2.0
PA2.0
RI2.5
SC2.0
SD2.0
TN2.0
TX2.0
UT2.0
VA2.0
VT2.0
WA2.0
WI2.0
WV2.4
WY2.0

1000+

Live stream programs

24/7

Access to live webinars & recordings

70,000+

Trusted by Legal Professionals

1000+

Live stream programs

24/7

Access to live webinars & recordings

70,000+

Trusted by Legal Professionals

1000+

Live stream programs

24/7

Access to live webinars & recordings

10,000+

Trusted by Legal Professionals

1000+

Live stream programs

24/7

Access to live webinars & recordings

70,000+

Trusted by Legal Professionals

MCLE Credits

Alabama
Pending
Alaska
Approved
Arizona
Approved
Arkansas
Approved
California
Approved
Colorado
Pending
Connecticut
Approved
Delaware
Pending
District of Columbia
No Required
Florida
Approved
Georgia
Approved
Hawaii
Approved
Idaho
Pending
Illinois
Approved
Indiana
Pending
Iowa
Pending
Kansas
Pending
Kentucky
Pending
Louisiana
Pending
Maine
Pending
Maryland
No Required
Massachusetts
No Required
Michigan
No Required
Minnesota
Approved
Mississippi
Pending
Missouri
Approved
Montana
Pending
Nebraska
Pending
Nevada
Pending
New Hampshire
Approved
New Jersey
Approved
New Mexico
Approved
New York
Approved
North Carolina
Pending
North Dakota
Approved
Ohio
Approved
Oklahoma
Pending
Oregon
Approved
Pennsylvania
Approved
Rhode Island
Pending
South Carolina
Pending
South Dakota
No Required
Tennessee
Pending
Texas
Pending
Utah
Pending
Vermont
Approved
Virginia
Not Eligible
Washington
Approved
West Virginia
Pending
Wisconsin
Approved
Wyoming
Pending

Alabama

Requirements

The Alabama State Bar MCLE Commission requires attorneys to complete 12 credits, including 1 ethics, by December 31 of each year. All credits must be reported by February 15 of the following year. A maximum of 12 credits, including 1 ethics credit, may be carried over for 1 year only.  

Formats

  • Attorneys can earn unlimited “live” credit through live seminars, live webcasts, and co-sponsored locations with MyLAWCLE-Alabama approved programs
  • Attorneys are limited to 6 credits per compliance period of “online” programs through MyLAwCLE On-Demand programs