Representing the Client under the Common Interest or Joint Defense Privilege: How Attorneys Should Meet their Ethical Obligations

Program Number: 2731

Program Date: 09/13/2017

Description

**** CD's are pre-order only and not available until after the program date - Online is not available until after the program date ****

The common interest privilege, also known as the joint defense privilege, the allied litigant doctrine, the pooled information privilege, and others, generally allows “persons who have common interests to coordinate their positions without destroying the privileged status of their communications with their lawyers.” Restatement (Third) of the Law Governing Lawyers § 76 cmt. b. In this program, Jones Day partner Evan P. Singer and associate Arielle Tobin: (1) discuss the source and history of the common interest privilege, (2) define the elements required to establish the privilege; and (3) address the ethical issues confronting attorneys, including maintaining the confidentiality of client communications, avoidance of conflicts and not acting adversely to the client’s interest. ABA Model Rules covered include 1.6, 1.7(b)(4), and 1.13. Ethics opinions covered include District of Columbia Ethics Opinion 349 and ABA Opinion 95-395. Cases include Hanover Insurance Company v. Rapo & Jepsen Insurance Services (Massachusetts), Jedwab v. MGM Grand Hotels, Inc. and Zirn v. VLI Corp. (Delaware), and Ambac Assurance Corp. v. Countrywide Home Loans, Inc. (New York).

$95.00Audio CD Add to Cart

Available in states

California, Colorado Eligible, Connecticut, Florida, Georgia, New Jersey Eligible, New York, New York - Experienced Attorneys Only, Texas Self Study

Credit Information

50 minute credit hour - 1.0 General CLE credit, including 1.0 Ethics credit, based on a 50-minute credit hour
60 minute credit hour - 1.0 General CLE credit, including 1.0 Ethics credit, based on a 60-minute credit hour

State Program Numbers

Credit Eligible for Experienced Attorneys Only in NY

Presenters


Evan P. Singer, Esq.

Jones Day

Evan P. Singer, Esq., a partner at Jones Day, focuses his practice on complex commercial and business litigation, as well as internal and government investigations. He has represented companies and their officers and directors in securities class actions, shareholder derivative actions, and proxy contests, as well as claims brought under the False Claims Act (FCA), and he has represented mortgage servicers in litigation and before various state attorneys general. In addition, Mr. Singer has extensive experience conducting internal investigations, including investigations into potential violations of the Foreign Corrupt Practices Act (FCPA). He has been named a "Texas Rising Star" by the editors of Texas Monthly (2010-2015).

 

Arielle S. Tobin, Esq.

Jones Day

Arielle S. Tobin, Esq., an associate at Jones Day, has represented clients in civil, criminal, and regulatory disputes and regularly works on matters arising under the Foreign Corrupt Practices Act. She has been involved in various aspects of civil and business litigation and has experience conducting internal investigations, working in conjunction with the Department of Justice and the Securities and Exchange Commission. Prior to attending law school, she earned her certified public accountant license and worked for PricewaterhouseCoopers in New York City. Ms. Tobin has written and spoken on SEC, FCPA and other related matters.

 

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