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Using Occam’s Razor to Resolve International Attorney–Client Privilege Choice of Law Issues

2026-04-16 13:00:00

2026-04-16 13:00:00

1 Credits

Master international attorney–client privilege complexities—learn practical strategies to structure communications, minimize waiver risks, and confidently navigate cross-border privilege disputes.

2026-04-16 13:00:00

Master international attorney–client privilege complexities—learn practical strategies to structure communications, minimize waiver risks, and confidently navigate cross-border privilege disputes.

2026-04-16 13:00:00

1000+

Live stream programs

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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

70,000+

Trusted by Legal Professionals

1000+

Live stream programs

24/7

Access to live webinars & recordings

70,000+

Trusted by Legal Professionals

Key topics that will be covered

What will you learn

Attorneys will learn to identify competing choice-of-law approaches governing attorney–client privilege in cross-border disputes, including lex fori, Restatement § 139, and the "touch base" test.

What will you gain

Attorneys will gain practical strategies for structuring international communications, managing cross-border teams, and minimizing waiver and disclosure risks in international disputes and investigations.

Privilege basics
Distinguish attorney–client privilege from confidentiality duties and work product protection.
Choice of law
Analyze six competing frameworks U.S. courts apply to cross-border privilege disputes.
Cross-Border patterns
Identify fact patterns involving foreign counsel, patent agents, and parallel proceedings.
In-House counsel
Evaluate privilege risks arising from communications involving foreign in-house lawyers.
Communication strategy
Structure international communications and documentation to preserve privilege across jurisdictions.
Occam’s framework
Apply a modified lex fori approach to simplify privilege choice-of-law analysis.

What will you learn

Attorneys will learn to identify competing choice-of-law approaches governing attorney–client privilege in cross-border disputes, including lex fori, Restatement § 139, and the "touch base" test.

What will you gain

Attorneys will gain practical strategies for structuring international communications, managing cross-border teams, and minimizing waiver and disclosure risks in international disputes and investigations.

Agenda

SESSION 1

Attorney–Client Privilege vs. Confidentiality and Work Product

SESSION 2

Cross-Border Attorney–Client Privilege Issues

SESSION 3

The Proliferation of Choice-Of-Law Approaches in U.S. Courts

SESSION 4

Common Cross-Border Fact Patterns Raising Privilege Uncertainty

SESSION 5

Practical Guidance for Lawyers

SESSION 6

Application of Occam’s Razor to Privilege Choice-Of-La

clock 1:00 pm - 1:10 pm EST

Attorney–Client Privilege vs. Confidentiality and Work Product

Francesca Giannoni-Crystal

Crystal & Giannoni-Crystal, LLC

This section provides a guide of attorney–client privilege, distinguishing it from ethical confidentiality duties and work product protection, while explaining its evidentiary nature under federal law, including Rule 501 and applicable state privilege rules in diversity jurisdiction cases.

Francesca Giannoni-Crystal

Crystal & Giannoni-Crystal, LLC

clock 1:10 pm - 1:20 pm EST

Cross-Border Attorney–Client Privilege Issues

Francesca Giannoni-Crystal

Crystal & Giannoni-Crystal, LLC

This section examines attorney–client privilege challenges in cross-border and international contexts, focusing on conflicts arising from differing legal standards, inconsistent protections, and the complexities created by communications spanning multiple jurisdictions with divergent privilege doctrines.

Francesca Giannoni-Crystal

Crystal & Giannoni-Crystal, LLC

clock 1:20 pm - 1:30 pm EST

The Proliferation of Choice-Of-Law Approaches in U.S. Courts

Francesca Giannoni-Crystal

Crystal & Giannoni-Crystal, LLC

This section reviews the proliferation of choice-of-law approaches used by U.S. courts, including lex fori, Restatement Section 139, most significant relationship tests, touch base analysis, law of the decision, and comity-based frameworks applied in privilege determinations.

Francesca Giannoni-Crystal

Crystal & Giannoni-Crystal, LLC

clock 1:30 pm - 1:40 pm EST

Common Cross-Border Fact Patterns Raising Privilege Uncertainty

Francesca Giannoni-Crystal

Crystal & Giannoni-Crystal, LLC

This section analyzes common cross-border scenarios creating privilege uncertainty, including communications with foreign in-house counsel, multinational transactions, involvement of foreign lawyers or consultants, and parallel proceedings involving cross-border discovery under 28 U.S.C. Section 1782.

Francesca Giannoni-Crystal

Crystal & Giannoni-Crystal, LLC

clock 1:40 pm - 1:50 pm EST

Practical Guidance for Lawyers

Francesca Giannoni-Crystal

Crystal & Giannoni-Crystal, LLC

This section provides practical guidance for attorneys, including strategies for structuring international communications, managing cross-border legal teams, maintaining documentation, and proactively addressing privilege risks, discovery disputes, and forum selection considerations in complex international matters.

Francesca Giannoni-Crystal

Crystal & Giannoni-Crystal, LLC

clock 1:50 pm - 2:00 pm EST

Application of Occam’s Razor to Privilege Choice-Of-La

Francesca Giannoni-Crystal

Crystal & Giannoni-Crystal, LLC

This section explores applying Occam’s Razor to privilege choice-of-law analysis, proposing a modified lex fori approach to simplify competing doctrines, enhance predictability, and support more efficient and fair outcomes in cross-border privilege disputes.

Francesca Giannoni-Crystal

Crystal & Giannoni-Crystal, LLC

01 06
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speakers

Joe Ervin

The Law Firm for Truck Safety, LLP
A Partner at The Law Firm for Truck Safety. He focuses exclusively on cases involving commercial motor vehicle crashes and wrongful death. Joe also holds a valid class “A” commercial driver’s license with endorsements for double/triple trailers and tankers.

Education & Credentials

A 2013 graduate of the Gerry Spence Trial Lawyers College in Dubois, Wyoming, Joe is rated AV Preeminent™ by Martindale-Hubbell — the highest peer rating for exceptional legal ability and ethics. He is among the first nine attorneys nationwide to earn board certification in Truck Accident Law from the National Board of Trial Advocacy.

Recognition & Leadership

Joe received the Roadway Safety Award from the American Association for Justice (AAJ) for his commitment to improving highway safety.
 He currently serves as Co-Chair of the Academy of Truck Accident Attorneys (ATAA) Safety Committee, advocating for higher safety standards across the trucking industry.

Professional Involvement

Joe serves on the faculty of the AAJ Advanced Trial Advocacy College: Litigating Truck Collision Cases (2015 & 2024).
 He is an active member of AAJ’s Trucking Litigation Group and sits on the Board of Regents for the Academy of Truck Accident Attorneys.

Experience

Joe frequently consults and co-counsels on complex commercial truck cases. His proven track record includes numerous successful trials against motor carriers and truck leasing companies — delivering justice for victims of commercial vehicle accidents.

Kevin Foley

Reminger Co
A Partner at The Law Firm for Truck Safety. He focuses exclusively on cases involving commercial motor vehicle crashes and wrongful death. Joe also holds a valid class “A” commercial driver’s license with endorsements for double/triple trailers and tankers.

Education & Credentials

A 2013 graduate of the Gerry Spence Trial Lawyers College in Dubois, Wyoming, Joe is rated AV Preeminent™ by Martindale-Hubbell — the highest peer rating for exceptional legal ability and ethics. He is among the first nine attorneys nationwide to earn board certification in Truck Accident Law from the National Board of Trial Advocacy.

Recognition & Leadership

Joe received the Roadway Safety Award from the American Association for Justice (AAJ) for his commitment to improving highway safety.
 He currently serves as Co-Chair of the Academy of Truck Accident Attorneys (ATAA) Safety Committee, advocating for higher safety standards across the trucking industry.

Professional Involvement

Joe serves on the faculty of the AAJ Advanced Trial Advocacy College: Litigating Truck Collision Cases (2015 & 2024).
 He is an active member of AAJ’s Trucking Litigation Group and sits on the Board of Regents for the Academy of Truck Accident Attorneys.

Experience

Joe frequently consults and co-counsels on complex commercial truck cases. His proven track record includes numerous successful trials against motor carriers and truck leasing companies — delivering justice for victims of commercial vehicle accidents.

Grant H. Lawson

The Law Firm for Truck Safety, LLP
A Partner at The Law Firm for Truck Safety. He focuses exclusively on cases involving commercial motor vehicle crashes and wrongful death. Joe also holds a valid class “A” commercial driver’s license with endorsements for double/triple trailers and tankers.

Education & Credentials

A 2013 graduate of the Gerry Spence Trial Lawyers College in Dubois, Wyoming, Joe is rated AV Preeminent™ by Martindale-Hubbell — the highest peer rating for exceptional legal ability and ethics. He is among the first nine attorneys nationwide to earn board certification in Truck Accident Law from the National Board of Trial Advocacy.

Recognition & Leadership

Joe received the Roadway Safety Award from the American Association for Justice (AAJ) for his commitment to improving highway safety.
 He currently serves as Co-Chair of the Academy of Truck Accident Attorneys (ATAA) Safety Committee, advocating for higher safety standards across the trucking industry.

Professional Involvement

Joe serves on the faculty of the AAJ Advanced Trial Advocacy College: Litigating Truck Collision Cases (2015 & 2024).
 He is an active member of AAJ’s Trucking Litigation Group and sits on the Board of Regents for the Academy of Truck Accident Attorneys.

Experience

Joe frequently consults and co-counsels on complex commercial truck cases. His proven track record includes numerous successful trials against motor carriers and truck leasing companies — delivering justice for victims of commercial vehicle accidents.

Francesca Giannoni-Crystal

Crystal & Giannoni-Crystal, LLC

Francesca Giannoni-Crystal

Crystal & Giannoni-Crystal, LLC

Francesca Giannoni-Crystal is a dually qualified U.S. and Italian attorney whose practice bridges Civil Law and Common Law systems. With more than two decades of experience advising multinational corporations, law firms, and financial institutions, she focuses on cross-border ethics, international professional responsibility, and multijurisdictional practice issues. Known as a “lawyer for lawyers,” she frequently counsels firms on conflicts of interest, international privileges, and professional-conduct compliance across jurisdictions, often addressing complex choice-of-law issues in attorney discipline and malpractice exposure. As co-founder of Crystal & Giannoni-Crystal, LLC, she also contributes to advancing education on ethics and technology through her work with Technethics.

Education & Credentials

Francesca Giannoni-Crystal is dually qualified as an attorney in the United States and Italy, reflecting her ability to navigate both Common Law and Civil Law systems. Her credentials support a practice focused on international legal ethics, professional responsibility, and cross-border legal compliance.

Recognition & Leadership

Francesca Giannoni-Crystal is recognized for her leadership in cross-border legal ethics and professional responsibility, particularly through her role as co-founder of Crystal & Giannoni-Crystal, LLC. She also plays a key leadership role in Technethics, an educational platform focused on the intersection of ethics, technology, and cross-border compliance, helping shape thought leadership in these areas.

Professional Involvement

Francesca Giannoni-Crystal is actively involved in advising law firms and legal professionals on international ethics and compliance issues, including conflicts of interest, privilege, and multijurisdictional professional conduct. Through her work with Technethics, she contributes to education and dialogue حول the evolving challenges at the intersection of technology, ethics, and global legal practice.

Experience

Francesca Giannoni-Crystal has over 20 years of experience advising multinational corporations, law firms, and financial institutions on cross-border legal and ethical issues. Prior to co-founding Crystal & Giannoni-Crystal, LLC in 2011 with Professor Nathan M. Crystal, she worked as a legal consultant for the Italian Industrial Association and practiced with Deloitte Legal, handling transactional and regulatory matters for global enterprises. She later managed legal affairs for a publicly traded Italian company with international subsidiaries, overseeing contract negotiations, data privacy, and corporate governance across multiple jurisdictions, including the United States, United Kingdom, China, and Brazil. Her work continues to focus on helping attorneys and firms manage risks arising from overlapping professional-conduct rules across jurisdictions.

Francesca Giannoni-Crystal

Crystal & Giannoni-Crystal, LLC

Francesca Giannoni-Crystal is a dually qualified U.S. and Italian attorney whose practice bridges Civil Law and Common Law systems. With more than two decades of experience advising multinational corporations, law firms, and financial institutions, she focuses on cross-border ethics, international professional responsibility, and multijurisdictional practice issues. Known as a “lawyer for lawyers,” she frequently counsels firms on conflicts of interest, international privileges, and professional-conduct compliance across jurisdictions, often addressing complex choice-of-law issues in attorney discipline and malpractice exposure. As co-founder of Crystal & Giannoni-Crystal, LLC, she also contributes to advancing education on ethics and technology through her work with Technethics.

Education & Credentials

Francesca Giannoni-Crystal is dually qualified as an attorney in the United States and Italy, reflecting her ability to navigate both Common Law and Civil Law systems. Her credentials support a practice focused on international legal ethics, professional responsibility, and cross-border legal compliance.

Recognition & Leadership

Francesca Giannoni-Crystal is recognized for her leadership in cross-border legal ethics and professional responsibility, particularly through her role as co-founder of Crystal & Giannoni-Crystal, LLC. She also plays a key leadership role in Technethics, an educational platform focused on the intersection of ethics, technology, and cross-border compliance, helping shape thought leadership in these areas.

Professional Involvement

Francesca Giannoni-Crystal is actively involved in advising law firms and legal professionals on international ethics and compliance issues, including conflicts of interest, privilege, and multijurisdictional professional conduct. Through her work with Technethics, she contributes to education and dialogue حول the evolving challenges at the intersection of technology, ethics, and global legal practice.

Experience

Francesca Giannoni-Crystal has over 20 years of experience advising multinational corporations, law firms, and financial institutions on cross-border legal and ethical issues. Prior to co-founding Crystal & Giannoni-Crystal, LLC in 2011 with Professor Nathan M. Crystal, she worked as a legal consultant for the Italian Industrial Association and practiced with Deloitte Legal, handling transactional and regulatory matters for global enterprises. She later managed legal affairs for a publicly traded Italian company with international subsidiaries, overseeing contract negotiations, data privacy, and corporate governance across multiple jurisdictions, including the United States, United Kingdom, China, and Brazil. Her work continues to focus on helping attorneys and firms manage risks arising from overlapping professional-conduct rules across jurisdictions.

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Exclusive Partner Webinars & Events
Special credits (Ethics, Elimination
of Bias, etc.)
Instant Certificates After Completion
Personalized CLE Platform
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Why Attend

Why this 
program matters

Attorneys who misunderstand international privilege choice-of-law risk inadvertent waiver that can destroy confidentiality protections across all related proceedings simultaneously.
50%
of goods entering the United States were subject to tariffs by November 2025, driving cross-border litigation and requiring attorneys to navigate privilege and choice-of-law conflicts across jurisdictions.
2,000+
complaints filed by early 2026 in U.S. federal trade courts involved 2,500 companies, raising complex privilege issues across international supply chains and multiple jurisdictions.
19%+
or fewer EU member states recognize in-house counsel privilege, as reaffirmed in a November 2025 European Commission brief, exposing communications otherwise protected under United States law.
16%
increase in filings at the U.S. Court of International Trade in 2025 expanded multi-jurisdictional disputes, intensifying privilege and choice-of-law conflicts throughout all stages of litigation.

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