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The Devil’s in the Details: Recent Developments in Privilege Law and ESI Discovery (Presented by The Federal Bar Association Annual Meeting & Convention 2025 sponsor Ciresi Conlin LLP)

Attorney-client privilege developments and employer ESI discovery obligations for personal devices, including BYOD policies and ephemeral messaging.

2025-10-30 14:00:00

1 hours

Program Details

2025-10-30 14:00:00

2025-10-30 14:00:00

1h CLE Credits

2025-10-30 14:00:00

1 hours

Program Details

2025-10-30 14:00:00

Program Details

2025-10-30 14:00:00

Over 1,000+ webinars

2025-10-30 14:00:00

1 hours

Course Overview

Protecting Privilege and Managing ESI Discovery

2025-10-30 14:00:00

Participants will learn strategies for safeguarding attorney-client privilege in dual-purpose communications and navigating employer obligations for electronically stored information on personal devices. These skills help avoid costly spoliation sanctions and inadvertent privilege waiver.

Format

CLE Credit

1h CLE Credits

Level

Intermediate

Length

1

Key topics that will be covered

01
Predominant Purpose
Courts protect communications only when the primary purpose is legal advice, not business.
02
In-House Counsel
Attorneys with dual roles face heightened scrutiny on privilege claims.
03
BYOD Policies
Employers generally lack control over unique personal data on employee devices.
04
Legal Right Test
Most circuits require legal right to obtain documents, not just practical ability.
05
Ephemeral Messaging
Deleting Signal messages after preservation duty attaches can result in sanctions.
06
Litigation Holds
Employers should issue holds instructing custodians to preserve relevant personal device data.

Program schedule

clock 2:00 pm - 2:30 pm EST

Foundational Privilege Law and the Predominant Purpose Test

This session explores the origins and circuit-level variations of the predominant purpose test for attorney-client privilege, including the distinction from the significant purpose test. Attendees will learn practical strategies for protecting privilege when in-house counsel wear dual hats, along with drafting techniques to ensure legal advice is clearly framed. Recent cases where privilege was lost due to communications being deemed business advice will be examined.

Jacob SiegelJacob Siegel
Heather McElroyHeather McElroy
clock 2:30 pm - 3:00 pm EST

E-Discovery Obligations for ESI on Personal Devices

This session addresses employer duties to preserve and produce electronically stored information residing on employee personal devices under BYOD policies. Participants will examine the Rule 34 control test circuit split between legal right and practical ability standards, with analysis of recent federal court decisions. Practical tips for minimizing mobile device collection burdens and avoiding sanctions for lost ESI, including ephemeral messaging pitfalls, will be covered.

Jacob SiegelJacob Siegel
Heather McElroyHeather McElroy
Jacob Siegel

Jacob Siegel

Ciresi Conlin LLP

Heather McElroy

Heather McElroy

Ciresi Conlin LLP

Jacob Siegel

Jacob Siegel

Ciresi Conlin LLP

Partner focusing on commercial litigation, complex civil litigation, and appeals. Represents individuals and local and national companies in a wide variety of sectors, litigating bet-the-company contract cases, trade secret disputes, and other intellectual property matters.

Professional Involvement

Maintains an active pro bono practice representing indigent individuals and community organizations, with an emphasis on protecting the environment and the rights of children and working families.

Experience

Partner at Ciresi Conlin LLP. Represents clients in sectors from biotechnology to nonprofit organizations and from consumer goods to construction and heavy manufacturing. Litigates contract cases, trade secret disputes, intellectual property matters, and represents plaintiffs and defendants in class actions. Briefs and argues appeals before all levels of appellate courts in Minnesota and around the country.
Heather McElroy

Heather McElroy

Ciresi Conlin LLP

An experienced trial lawyer and legal advocate who represents businesses and individuals in high-stakes breach-of-contract, class-action, employment, and financial matters with significant appellate experience arguing before state and federal courts nationwide.

Professional Involvement

Serves on the board of the University of St. Thomas School of Law, the Fund for Legal Aid, and as Board Chair of the Ciresi Conlin Foundation.

Experience

Provided many hours of service through work with the Advocates for Human Rights and the Immigrant Law Center. Spearheaded first-of-its-kind Minnesota Environmental Rights Act litigation to protect Minnesota's natural resources. Has been an adjunct professor at the University of St. Thomas School of Law and a mentor in the award-winning UST Law Mentor Program.
Jacob Siegel

Jacob Siegel

Ciresi Conlin LLP

Partner focusing on commercial litigation, complex civil litigation, and appeals. Represents individuals and local and national companies in a wide variety of sectors, litigating bet-the-company contract cases, trade secret disputes, and other intellectual property matters.

Professional Involvement

Maintains an active pro bono practice representing indigent individuals and community organizations, with an emphasis on protecting the environment and the rights of children and working families.

Experience

Partner at Ciresi Conlin LLP. Represents clients in sectors from biotechnology to nonprofit organizations and from consumer goods to construction and heavy manufacturing. Litigates contract cases, trade secret disputes, intellectual property matters, and represents plaintiffs and defendants in class actions. Briefs and argues appeals before all levels of appellate courts in Minnesota and around the country.
Heather McElroy

Heather McElroy

Ciresi Conlin LLP

An experienced trial lawyer and legal advocate who represents businesses and individuals in high-stakes breach-of-contract, class-action, employment, and financial matters with significant appellate experience arguing before state and federal courts nationwide.

Professional Involvement

Serves on the board of the University of St. Thomas School of Law, the Fund for Legal Aid, and as Board Chair of the Ciresi Conlin Foundation.

Experience

Provided many hours of service through work with the Advocates for Human Rights and the Immigrant Law Center. Spearheaded first-of-its-kind Minnesota Environmental Rights Act litigation to protect Minnesota's natural resources. Has been an adjunct professor at the University of St. Thomas School of Law and a mentor in the award-winning UST Law Mentor Program.

Credits by state

AK1.0
AL1.0
AR1.0
AZ1.0
CA1.0
CO1.0
CT1.0
DC1.0
DE1.0
FL1.0
GA1.0
HI1.0
IA1.0
ID1.0
IL1.0
IN1.0
KS1.0
KY1.0
LA1.0
MA1.0
MD1.0
ME1.0
MI1.0
MN1.0
MO1.2
MS1.0
MT1.0
NC1.0
ND1.0
NE1.0
NH60.0
NJ1.2
NM1.0
NV1.0
NY1.0
OH1.0
OK1.0
OR1.0
PA1.0
RI1.0
SC1.0
SD1.0
TN1.0
TX1.0
UT1.0
VA1.0
VT1.0
WA1.0
WI1.0
WV1.2
WY1.0

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Trusted by Legal Professionals

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Trusted by Legal Professionals

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Live stream programs

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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
Approved
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
Approved
New Hampshire
Approved
New Jersey
Approved
New Mexico
Approved
New York
Approved
North Carolina
Pending
North Dakota
Approved
Ohio
Approved
Oklahoma
Pending
Oregon
Pending
Pennsylvania
Approved
Rhode Island
Pending
South Carolina
Pending
South Dakota
No Required
Tennessee
Approved
Texas
Approved
Utah
Pending
Vermont
Approved
Virginia
Not Eligible
Washington
Approved
West Virginia
Approved
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