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    Course Information

5570  Protecting the Privileges on a Daily Basis


No cost or obligation  
Course Length    111 minutes
Course Price    $ 119.00

Volume discounts and subscriptions are available; for more information, contact Cognistar Sales.

    Accreditation Information


Click on jurisdiction below for more details.
>>  1.50  credits    PA
>>  1.75  credits    AK  AZ  CA  IL  VT
>>  1.80  credits    GA
>>  2.00  credits    CO  FL  NJ  NY  WV

    About the Instructor(s)



 
David Keyko

Pillsbury Winthrop Shaw Pittman LLP

David G. Keyko is a partner in the New York office of Pillsbury Winthrop Shaw Pittman LLP. His practice focuses on major, complex litigation, often involving multiple parties. He has handled cases involving allegations of securities and other types of fraud, antitrust violations, ethics issues, and trusts and estates issues, as well as representing clients responding to government probes. He has also served as an expert witness in connection with legal malpractice litigation. Among the prominent cases Mr. Keyko has handled was the representation of of the primary claimant to a $1.5 billion estate in lawsuits filed in several jurisdictions.

Mr. Keyko has lectured and written widely on securities, antitrust, legal ethics and general litigation topics. He is a regular columnist for the New York Law Journal and he has written several dozen articles on litigation and ethics issues for such publications as the National Law Journal and Metropolitan Corporate Counsel, on whose advisory board Mr. Keyko has served.

Mr. Keyko has undertaken a variety of pro bono projects and served as chairman of the board of MFY Legal Services, Inc. and just completed his term as a member of the Departmental Disciplinary Committee of the First Department. He is chairman of the Professional Responsibility Committee of the Association of the Bar of the City of New York. He chaired the ad hoc committee of the association that commented on proposed SEC regulations under Section 307 of the Sarbanes-Oxley Act of 2002. He is a former member of the association’s Professional and Judicial Ethics Committee.

Mr. Keyko is a member of Pillsbury’s Sarbanes-Oxley Committee, Opinions Committee and Professional Responsibility Committee.

In 1974, Mr. Keyko graduated magna cum laude from Yale University with a B.A. In 1977, he earned his law degree cum laude from New York University School of Law, where he was a member of Order of the Coif and articles editor for the Annual Survey of American Law.

Mr. Keyko is admitted to practice in New York and before a number of federal district courts in New York and Connecticut. He is also admitted to practice before the U.S. Courts of Appeals for the Second and Fifth Circuits and the U.S. Supreme Court.



    Outline + Synopsis

Outline Synopsis
Protecting the Privileges on a Daily Basis
    I. Introduction
        A. Pop Quiz
        B. Pop Quiz Answer
        C. Historical Perspective
        D. Definitions
        E. Not a Simple Matter
        F. Jurisdictional Variations
    II. The Rules
        A. Inside-Counsel Issues
        B. Inside vs. Outside Counsel
        C. Strategies for Working With Judges
    III. Document 1: Memo From General Counsel
        A. Addressees
        B. Titles
        C. Lawyer as Negotiator
        D. Lawyer’s Report
        E. Third-Party Report
    IV. Document 2: Corporate Board Minutes
        A. Settlement Negotiations
        B. Inadvertent Disclosure
        C. Termination and Audit
    V. Document 3: Internal E-mail
        A. E-mail Recipients
        B. Attorney-Client Communication
        C. Document Destruction
    VI. Document 4: Memo Between Counsel
    VII. Document 5: Memo Regarding Litigation
        A. Internal Report
        B. Joint-Litigant Privilege
        C. Third-Party Conversations
        D. Cell Phone Conversations
        E. International Issues, Tax Advice
        F. Negotiations and Settlement Discussions
        G. In-House Counsel as Witness
    VIII. Document 6: Retention Memo
        A. Disseminating Information
        B. Advice to Fiduciaries
    IX. Document 7: Internal E-mail
        A. Exchanging Information
        B. Waiver of Attorneys’ Fees
        C. Pre-emptive Settlement Offer
    X. Document 8: Faxed Message
    XI. Document 9: Internal E-mail
    XII. Document 10: Internal Report
    AfterWords®


Using a wealth of concrete examples, attorney David Keyko explores everyday corporate communications that may raise questions with respect to the attorney-client and attorney-work-product privileges, particularly for in-house counsel. Among the broad range of topics covered are various forms of communication, business versus legal advice, and when the involvement of third parties constitutes a waiver of the privilege.


    Content Provided By

  With influence and presence on both U.S. coasts and abroad, Pillsbury Winthrop Shaw Pittman LLP enjoys an expansive international platform. The firm has 14 offices in global centers for capital markets, energy and technology and provides its clients with the strength of this reach and a commitment to cross-border service and responsiveness. Pillsbury is a leader in its core areas of focus: capital markets and finance, energy, global sourcing, litigation, real estate, technology, life sciences, and communications.



    Purchase course

5570  Protecting the Privileges on a Daily Basis

Course Price     $ 119.00


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Volume discounts and subscriptions are available; for more information, contact Cognistar Sales.

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