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

Jennifer M. Oliver
Joshua Schlenger
Robert Tobey
Jennifer M. Oliver | Buchanan Ingersoll & Rooney
Joshua Schlenger | Sheppard Mullin
Robert Tobey | Johnston Tobey Baruch
Live Video-Broadcast: July 30, 2025

2 hour CLE

Tuition: $195.00
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Program Summary

This CLE webinar explores the critical principles and practices surrounding the protection of attorney- client privilege and work product doctrine in corporate legal settings. The program begins with a foundational summary of privilege, including the importance of clearly identifying the client within complex business entities. Participants will examine how to structure and manage privileged communications to ensure confidentiality is maintained throughout various phases of legal and business activity. The session also addresses the challenges of preserving privilege in cross-border contexts, where jurisdictional differences and regulatory frameworks can complicate protections. Attendees will gain insight into ethical and professional responsibilities related to maintaining privilege, as well as the potential risks that arise from litigation, enforcement scrutiny, or internal missteps. The program concludes with a focus on how privilege may be extended to third parties through deliberate legal strategies, without triggering a waiver. This session offers practical guidance for legal professionals tasked with safeguarding sensitive communications across a range of corporate contexts.

Key topics to be discussed:

  • Foundations of privilege in corporate legal practice
  • Knowing who your client is
  • How to extend the privilege to third parties
  • Designing, launching, and managing privileged investigations
  • Cross-Border and regulatory challenges to privilege
  • Ethics, professional responsibility, and governance
  • Litigation and enforcement risk

Date / Time: July 30, 2025

  • 1:00 pm – 3:10 pm Eastern
  • 12:00 pm – 2:10 pm Central
  • 11:00 am – 1:10 pm Mountain
  • 10:00 am – 12:10 pm Pacific

Closed-captioning available

Speakers

Jennifer M. Oliver | Buchanan Ingersoll & Rooney

An experienced commercial litigator, Jennifer focuses her practice on complex litigation including defending consumer class actions and multidistrict litigation, defense of class action litigation arising from data breaches and antitrust, as well as advice and counseling. Jennifer has played active roles in several high-profile jury trials, serving as lead counsel in complex mediations, and arguing before courts at both the trial and appellate levels. She also often counsels clients on matters related to privacy compliance and use of ad tech and similar technologies. She is a Certified Information Privacy Professional/United States by the International Association of Privacy Professionals.

With experience on both the plaintiff and defense side, Jennifer has a deep understanding of the legal strategies that support clients’ business objectives. She started her litigation career at an Am Law 20 firm focusing on complex business litigation, and prior to joining Buchanan, she represented plaintiffs at a major class action and antitrust law firm. She also formed and led the privacy, advice and counseling, and merger control practice group at her previous firm. A strong advocate of pro bono work, Jennifer was a member of the team in the seminal U.S. Supreme Court case Ashcroft v. Iqbal. She also continues to be an active member in her local legal community as a Board Member for the San Diego Volunteer Lawyers Program.

 

Joshua Schlenger_myLawCLEJoshua Schlenger | Sheppard Mullin

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

Clients, opposing counsel, and judges appreciate Josh for his ability to present complex facts and legal concepts in understandable ways. Josh’s skill in this regard enables him to obtain results for his clients at all phases of litigation, from pre-complaint to appeal.

Josh is a member of the New York City Bar’s Commercial Law & Uniform State Laws Committee, which makes recommendations to the New York Legislature regarding the adoption of the Uniform Law Commission’s proposed Uniform Laws, as well as the City Bar’s Ethics Committee. Josh has also been active in synagogue and communal organizational leadership.

Prior to joining Sheppard Mullin, Josh 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.

 

Robert Tobey | Johnston Tobey Baruch

Robert is Board Certified in Consumer and Commercial Law by the Texas Board of Legal Specialization. More than any other specialization, this one requires a broad knowledge of civil law. Robert served as the 2020 President of the Dallas Bar Association, an honor that speaks volumes about the respect he commands from his peers in the Dallas legal community. Robert presently serves as an Elected Director on the State Bar of Texas Board of Directors.

A 1980 graduate of the University of Texas School of law, Robert began his undergraduate work at Southern Methodist University and graduated as a finance major (B.S. in Economics) from the Wharton School of Business at the University of Pennsylvania. He was associated with two law firms before joining Randy Johnston in a litigation practice in 1987. Perhaps Robert’s best recommendation is the testimonial he received from a client who was defrauded by an investment company until Robert made it right.

In 2020, Robert was named to the Lawdragon 500, which annually recognizes the 500 Leading Lawyers in America. He also earned selection as Lawyer of the Year in Legal Malpractice Law – Plaintiffs, Dallas/Fort Worth in 2020, 2021, and 2022 by Best Lawyers in America. The Best Lawyers in America has recognized Robert every year since 2013 in its annual edition in the areas of Commercial Litigation, as well as Legal Malpractice Law and Professional Malpractice Law for both plaintiffs and defendants. Robert has been featured among the Texas Super Lawyers in 2003-2022 by Thomson Reuters and earned Top 100 rankings statewide in 2015 and Top 100 in Dallas/Fort Worth in 2014-2015 and 2017. D Magazine and his peers voted him among the Best Lawyers in Dallas from 2013-2025. Robert has been assigned the highest AV rating by Martindale Hubbell and a superb 10.0 rating by Avvo.

For the past decade, Robert has been involved with several legal industry organizations. He currently serves as President of the Dallas Bar Association and served as Co-Chair of the Equal Access to Justice Campaign (2014-15), and as Chair of the Trials Skills Section (2015), the CLE Committee (2015), the Judiciary Committee (2014), the Transition to Law Committee (2013), the Bench Bar Committee (2012), the Tort and Insurance Practice Section (2011) and the Business Litigation Section (2010).

Agenda

I. Foundations of privilege in corporate legal practice | 1:00pm – 1:15pm

II. Knowing who your client is | 1:15pm – 1:30pm

III. How to extend the privilege to third parties | 1:30pm – 1:45pm

IV. Designing, launching, and managing privileged investigations | 1:45pm – 2:00pm

Break | 2:00pm – 2:10pm

V. Cross-Border and regulatory challenges to privilege | 2:10pm – 2:30pm

VI. Ethics, professional responsibility, and governance | 2:30pm – 2:50pm

VII. Litigation and enforcement risk | 2:50pm – 3:10pm

Credits

Alaska

Approved for CLE Credits
2 Ethics

Our programs are CLE-eligible through Alaska’s recognition of multi-jurisdictional reciprocity.
Alabama

Approved for CLE Credits
2 Ethics

Arkansas

Approved for CLE Credits
2 Ethics

Arizona

Approved for CLE Credits
2 Professional Responsibility/Ethics

California

Approved for CLE Credits
2 Ethics

Colorado

Pending CLE Approval
2 Ethics / Professionalism

Connecticut

Approved for CLE Credits
2 Ethics / Professionalism

District of Columbia

No MCLE Required
2 CLE Hour(s)

Delaware

Pending CLE Approval
2 Enhanced Ethics

Florida

Approved via Attorney Submission
2.5 Ethics Hours

Receive CLE credit in Florida via attorney submission.
Georgia

Pending CLE Approval
2 Ethics

Hawaii

Approved for CLE Credits
2.4 Ethics or Professional Responsibility Education

Iowa

Pending CLE Approval
2 Ethics

Idaho

Pending CLE Approval
2 Ethics / Professionalism

Illinois

Pending CLE Approval
2 Ethics, Civility, Professionalism

Indiana

Pending CLE Approval
2 Ethics

Kansas

Pending CLE Approval
2 Ethics / Professionalism

Kentucky

Pending CLE Approval
2 Ethics

Louisiana

Pending CLE Approval
2 Ethics

Massachusetts

No MCLE Required
2 CLE Hour(s)

Maryland

No MCLE Required
2 CLE Hour(s)

Maine

Pending CLE Approval
2 Ethics / Professionalism

Michigan

No MCLE Required
2 CLE Hour(s)

Minnesota

Approved for Self-Study Credits
2 Ethics

Missouri

Approved for CLE Credits
2.4 Ethics

Mississippi

Pending CLE Approval
2 Ethics

Montana

Pending CLE Approval
2 Professional Fitness and Integrity

North Carolina

Pending CLE Approval
2 Ethics

North Dakota

Approved for CLE Credits
2 Ethics

Our programs are CLE-eligible through North Dakota’s recognition of multi-jurisdictional reciprocity. Section 1, Policy 1.14
Nebraska

Pending CLE Approval
2 Professional Responsibility

myLawCLE reports attendance to Nebraska on each attorney’s behalf for all programs. Please do not self-report.
New Hampshire

Approved for CLE Credits
120 Ethics / Professionalism minutes

As of July 1, 2014, the NHMCLE Board no longer provides pre- or post-approval of courses. Attendees must self-determine whether a program is eligible for credit, and self-report their attendance online at www.nhbar.org, based on qualification provisions of Rule 53.
New Jersey

Approved for CLE Credits
2.4 Ethics / Professionalism

Our programs are CLE-eligible through New Jersey’s recognition of multi-jurisdictional reciprocity, except for the courses required under BCLE Reg. 201:2
New Mexico

Approved for CLE Credits
2 Ethics / Professionalism

Nevada

Pending CLE Approval
2 Ethics / Professionalism

New York

Approved for CLE Credits
2.4 Ethics / Professionalism

Our programs are CLE-eligible through New York’s Approved Jurisdiction Group “B”.
Ohio

Approved for CLE Credits
2 Professional Conduct

Oklahoma

Pending CLE Approval
2.5 Ethics / Professionalism

Oregon

Pending CLE Approval
2 Ethics

Pennsylvania

Approved for CLE Credits
2 Ethics / Professionalism

Rhode Island

Pending CLE Approval
2.5 Ethics / Professionalism

South Carolina

Pending CLE Approval
2 Ethics / Professionalism

South Dakota

No MCLE Required
2 CLE Hour(s)

Tennessee

Approved for CLE Credits
2 Dual

Texas

Approved for CLE Credits
2 Ethics / Professionalism

Utah

Pending CLE Approval
2 Ethics / Professionalism

Virginia

Not Eligible
2 Ethics / Professionalism Hours

Vermont

Approved for CLE Credits
2 Ethics

Washington

Approved via Attorney Submission
2 Ethics Hours

Receive CLE credit in Washington via attorney submission.
Wisconsin

Pending CLE Approval
2.4 Ethics

West Virginia

Pending CLE Approval
2.4 Ethics / Professionalism

Wyoming

Pending CLE Approval
2 Ethics / Professionalism

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