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2025-07-30 13:00:00

2 Credits

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

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

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Trusted by Legal Professionals

Key topics that will be covered

What will you learn

Attorneys will learn how to protect attorney-client privilege and work product doctrine in corporate settings, including extending privilege to third parties and managing privileged investigations.

What will you gain

Attorneys will gain practical strategies for avoiding privilege waiver, handling cross-border challenges, conducting internal investigations, and managing litigation holds and privilege logs.

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

What will you learn

Attorneys will learn how to protect attorney-client privilege and work product doctrine in corporate settings, including extending privilege to third parties and managing privileged investigations.

What will you gain

Attorneys will gain practical strategies for avoiding privilege waiver, handling cross-border challenges, conducting internal investigations, and managing litigation holds and privilege logs.

Agenda

Session 1

Foundations of Privilege in Corporate Legal Practice

Session 2

Knowing Who Your Client Is

Session 3

Extending Privilege Protection to Third Parties

Session 4

Designing and Managing Privileged Internal Investigations

Break

Break

Session 5

Cross-Border and Regulatory Privilege Challenges

Session 6

Ethics, Professional Responsibility, and Governance Obligations

Session 7

Managing Litigation and Enforcement Risk Effectively

clock 1:00 pm - 1:15 pm EST

Foundations of Privilege in Corporate Legal Practice

Jennifer M. Oliver

Buchanan Ingersoll & Rooney

Joshua Schlenger

Sheppard Mullin

Robert Tobey

Johnston Tobey Baruch

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. Oliver

Buchanan Ingersoll & Rooney

Joshua Schlenger

Sheppard Mullin

Robert Tobey

Johnston Tobey Baruch

clock 1:15 pm - 1:30 pm EST

Knowing Who Your Client Is

Jennifer M. Oliver

Buchanan Ingersoll & Rooney

Joshua Schlenger

Sheppard Mullin

Robert Tobey

Johnston Tobey Baruch

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. Oliver

Buchanan Ingersoll & Rooney

Joshua Schlenger

Sheppard Mullin

Robert Tobey

Johnston Tobey Baruch

clock 1:30 pm - 1:45 pm EST

Extending Privilege Protection to Third Parties

Jennifer M. Oliver

Buchanan Ingersoll & Rooney

Joshua Schlenger

Sheppard Mullin

Robert Tobey

Johnston Tobey Baruch

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. Oliver

Buchanan Ingersoll & Rooney

Joshua Schlenger

Sheppard Mullin

Robert Tobey

Johnston Tobey Baruch

clock 1:45 pm - 2:00 pm EST

Designing and Managing Privileged Internal Investigations

Jennifer M. Oliver

Buchanan Ingersoll & Rooney

Joshua Schlenger

Sheppard Mullin

Robert Tobey

Johnston Tobey Baruch

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. Oliver

Buchanan Ingersoll & Rooney

Joshua Schlenger

Sheppard Mullin

Robert Tobey

Johnston Tobey Baruch

clock 2:00 pm - 2:10 pm EST

Break

Jennifer M. Oliver

Buchanan Ingersoll & Rooney

Joshua Schlenger

Sheppard Mullin

Robert Tobey

Johnston Tobey Baruch

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

Jennifer M. Oliver

Buchanan Ingersoll & Rooney

Joshua Schlenger

Sheppard Mullin

Robert Tobey

Johnston Tobey Baruch

clock 2:10 pm - 2:30 pm EST

Cross-Border and Regulatory Privilege Challenges

Jennifer M. Oliver

Buchanan Ingersoll & Rooney

Joshua Schlenger

Sheppard Mullin

Robert Tobey

Johnston Tobey Baruch

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. Oliver

Buchanan Ingersoll & Rooney

Joshua Schlenger

Sheppard Mullin

Robert Tobey

Johnston Tobey Baruch

clock 2:30 pm - 2:50 pm EST

Ethics, Professional Responsibility, and Governance Obligations

Jennifer M. Oliver

Buchanan Ingersoll & Rooney

Joshua Schlenger

Sheppard Mullin

Robert Tobey

Johnston Tobey Baruch

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. Oliver

Buchanan Ingersoll & Rooney

Joshua Schlenger

Sheppard Mullin

Robert Tobey

Johnston Tobey Baruch

clock 2:50 pm - 3:10 pm EST

Managing Litigation and Enforcement Risk Effectively

Jennifer M. Oliver

Buchanan Ingersoll & Rooney

Joshua Schlenger

Sheppard Mullin

Robert Tobey

Johnston Tobey Baruch

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. Oliver

Buchanan Ingersoll & Rooney

Joshua Schlenger

Sheppard Mullin

Robert Tobey

Johnston Tobey Baruch

01 08
Prev
Next

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.

Jennifer M. Oliver

Buchanan Ingersoll & Rooney

Joshua Schlenger

Sheppard Mullin

Robert Tobey

Johnston Tobey Baruch

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.

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

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

Johnston Tobey Baruch

Board Certified in Consumer and Commercial Law by the Texas Board of Legal Specialization. Experienced litigator with broad knowledge of civil law, focusing on commercial litigation, legal malpractice, and professional malpractice matters.

Education & Credentials

J.D. from University of Texas School of Law (1980). B.S. in Economics (Finance major) from the Wharton School of Business at University of Pennsylvania. Began undergraduate work at Southern Methodist University.

Recognition & Leadership

Named to the Lawdragon 500 Leading Lawyers in America (2020). Lawyer of the Year in Legal Malpractice Law – Plaintiffs, Dallas/Fort Worth (2020, 2021, 2022) by Best Lawyers in America. Recognized by Best Lawyers in America every year since 2013 in Commercial Litigation, Legal Malpractice Law, and Professional Malpractice Law. Texas Super Lawyers (2003-2022) with Top 100 statewide ranking (2015) and Top 100 Dallas/Fort Worth (2014-2015, 2017). D Magazine Best Lawyers in Dallas (2013-2025). Highest AV rating by Martindale Hubbell and superb 10.0 rating by Avvo.

Professional Involvement

President of the Dallas Bar Association. Co-Chair of the Equal Access to Justice Campaign (2014-15). Chair of Trials Skills Section (2015), CLE Committee (2015), Judiciary Committee (2014), Transition to Law Committee (2013), Bench Bar Committee (2012), Tort and Insurance Practice Section (2011), and Business Litigation Section (2010).

Experience

2020 President of the Dallas Bar Association. Elected Director on the State Bar of Texas Board of Directors. Associated with two law firms before joining Randy Johnston in a litigation practice in 1987.

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Why Attend

Why this 
program matters

Mastering privilege protection in corporate legal practice is essential because waiver can expose confidential communications, trigger costly sanctions, and undermine litigation strategy.
80%+
Document review accounts for over 80% of total litigation spend, or approximately $42 billion annually, according to American Bar Association estimates.
67%+
More than two-thirds of companies in regulated industries reported retaining outside counsel to assist with regulatory and government investigative activity.
53%
Electronically stored information was involved in 53% of spoliation sanctions cases studied by the Federal Judicial Center, with ESI exclusively at issue in 40% of those cases.
1.4
The median number of internal ethics and compliance reports per 100 employees reached a record 1.4, meaning an average 500-person company faces approximately seven compliance events requiring investigation annually.

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