Mr. Schwartz, a former Assistant U.S. Attorney with the Eastern District of New York, chairs Carlton Fields’ white collar and government investigations practice group.
Ms. Hoyle concentrates her practice on government investigations, corporate internal investigations, and white-collar criminal defense, with a focus on whistleblower complaints, allegations of healthcare fraud, securities litigation, and cybersecurity and privacy compliance.
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Session I - The Essentials of Preserving Attorney-Client Privilege - Adam Schwartz and Erin J. Hoyle
This program examines best practices to assist in-house counsel facing determinations as to the applicability of the attorney-client privilege and work product doctrine. The CLE will address the nearly universal misunderstanding of the privileges’ applicability and the key legal advice component, as well as the danger of widespread intracorporate communications beyond those with a need to know. The program will also identify waivers, joint defense/common interest agreements, and issues arising before, during, and after internal corporate investigations. Finally, the program offers practical application of the privilege concepts presented through a dynamic question and answer session.
Key topics to be discussed:
Session II - A Discussion of Ethics and Preserving Attorney-Client Privilege - Adam Schwartz and Erin J. Hoyle
This program further examines best practices to assist in-house counsel facing determinations as to the applicability of the attorney-client privilege and work product doctrine. This ethics discussion will explore the practical aspects of attorney-client privilege and work product in the context of the model rules of professional conduct. This CLE will use vignettes to analyze the differences between privilege and confidentiality; the types of communications that receive protection; what waives privilege; and best practices for how to protect privilege. Finally, the program offers practical application of ethical and privilege concepts presented through a dynamic question and answer session.
Key topics to be discussed:
Date: November 23, 2022
Closed-captioning available
Adam Schwartz | Carlton Fields
Mr. Schwartz, a former Assistant U.S. Attorney with the Eastern District of New York, chairs Carlton Fields’ white collar and government investigations practice group. He concentrates his practice on white collar criminal defense, False Claims Act (Qui Tam/Whistleblower) defense, and health care fraud and abuse matters (AKS/Stark).
He represents individuals and corporations in internal investigations, grand jury practice and procedure, complex civil fraud defense and advises drug manufacturers and pharmaceutical wholesalers on regulatory compliance laws including the Drug Quality and Security Act. Mr. Schwartz speaks regularly before other practitioners on topics ranging from health care fraud to attorney-client privilege considerations during internal investigations. He has been co-chair of the ABA Criminal Justice Section White Collar Crime Subcommittee for the Florida Region since 2007.
Erin J. Hoyle | Carlton Fields
Ms. Hoyle concentrates her practice on government investigations, corporate internal investigations, and white-collar criminal defense, with a focus on whistleblower complaints, allegations of healthcare fraud, securities litigation, and cybersecurity and privacy compliance.
She was recognized in The Best Lawyers in America: Ones to Watch in Commercial Litigation, Criminal Defense: White-Collar, Health Care Law, Litigation – Securities for 2021-2022. Ms. Hoyle serves as a member of the Rankings and Endorsements Committee and the Young Professionals Committee of the Women in White Collar Defense Association, an organization promoting diversity for women attorneys who specialize in the defense of government enforcement actions and internal investigations. She is a frequent speaker and author on the False Claims Act, corporate compliance, and telehealth issues.
Session I – The Essentials of Preserving Attorney-Client Privilege | 1:00pm – 2:00pm
Break | 2:00pm – 2:10pm
Session II – A Discussion of Ethics and Preserving Attorney-Client Privilege | 2:10pm – 3:10pm