Determining Privilege in Insolvency & Restructuring Matters
Wednesday, Oct 16 2013
Wednesday, Oct 16 2013

This three hour ethics program will explore the attorney-client privilege, one of the oldest common law privileges protecting confidential communications, in bankruptcy matters. The public policy behind the privilege is to encourage full and frank communications between lawyer and client. Accordingly, in a traditional litigation setting, courts are loath to invade protected communications absent extraordinary and compelling circumstances. In bankruptcy, the policy considerations behind the attorney-client privilege must be balanced against the fair administration of the debtor’s estate and creditor constituencies’ right to disclosure. Special issues arising in insolvency proceedings may include:
• Who holds and is entitled to waive privilege on behalf of the debtor.
• Can the debtor assert a common interest privilege between itself and other parties-in-interest?
• Privilege issues as between the controlling shareholder of a corporation versus subsidiary corporations.
• The interplay among the attorney-client privilege, the settlement communications doctrine and federal rule of evidence 408.
• Can a common interest privilege protect communications among groups in bankruptcy proceedings?
• The scope of work product protection in anticipation of bankruptcy proceedings.

New York, California & New Jersey Credit: 3.0 ethics. This live program provides transitional/non-transitional credit to all attorneys. Illinois & Pennsylvania Credit:2.5 professional responsibility.


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