Protecting In-House Counsel Privilege Disputes in Commercial Litigation

Legal Area:        Litigation Commercial Litigation Business
Total Credit Hours:        1.50
Ethics Credit Included:        0.25
Registration Fee:        $25.00
Course Materials:        textaudiovideo
Session END DATE:        10/31/2020

** Available on-demand any time of day and in time increments convenient to you through Session End Date above **

Corporations rely on their in-house legal personnel to advise them on myriad issues, and they in turn rely on their outside counsel to protect their privileged communications from disclosure during litigation. This program will address the various ways that litigants often attempt to apply pressure on these in-house counsel, whether via deposition demands, privilege log challenges, or other efforts to exploit the corporate attorneys’ communications within the corporation. This course features streaming video and audio (as well as downloadable MP3 audio) presentations from a live CLE seminar by the Houston Bar Association (HBA) on August 17, 2018.

Some of the subjects for this course include:

  • Understanding the Mechanics and Risks of Privilege Disputes in Litigation

  • Distinguishing Between Legal Communications and Business Communications

  • Developing Practices to Avoid Potential Risks For Clients and Their Inside Counsel

  • Typical Sequence of: Privilege Log Dispute, Inadvertent Production Dispute, and Dispute Involving a Request to Depose In-house Counsel

  • Basic Legal Standards

  • Questions For Internal Corporate Communications

  • Elements of: Attorney-Client Relationship, Confidentiality Waiver, and Purpose of Seeking Legal Advice

  • Suggestions For Your Practice

  • Speaker:
    Kendall J. Burr, who is an attorney with the firm of McDowell Hetherington, LLP. Kendall Burr zealously advocates for his clients and heads McDowell Hetherington LLP’s intellectual property practice. He represents his clients in patent, trademark, copyright and trade secret litigation disputes, prosecutes patents and trademarks, and advises his clients on how to protect their intellectual property rights. Kendall also litigates many other types of commercial disputes in a variety of industries, including financial services, life insurance and annuity products, health insurance, real estate, energy, sports and entertainment, brand licensing, and other business disputes. Education: Columbia Law School, J.D., Harlan Fiske Stone Scholar, 2005; Brigham Young University, B.A., Portuguese, cum laude, with honors, 2002.  More information may be found on his firm's website.

    Texas Board of Legal Specialization Areas:

    Credit Hrs     Area
       1.50           Civil Trial Law
       1.50           Civil Appellate Law
       1.50           Consumer Law


    This course is approved for credit by the STATE BAR OF TEXAS (MCLE Provider #8238) and the STATE BAR OF CALIFORNIA (MCLE Provider #8648). In addition, regular CLE credits for this course may also be available in a number of other states through CLE Reciprocity, such as FLORIDA. (PLEASE NOTE: This course DOES include attendance verification for attorneys licensed in states which require it, such as New York & Tennessee). Please check with your State Bar regarding specific accreditation information.

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