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Course Details

Course Information
  • smart_display Format

    On-Demand

  • signal_cellular_alt Difficulty Level

  • work Practice Area

    Corporate Law

Date & Time
  • event Date

    Thursday, February 2, 2023

  • schedule Time

    1:00 p.m. ET./10:00 a.m. PT

  • timer Program Length

    90 minutes

Credit Information

  • This 90-minute webinar is eligible in most states for 1.5 CLE credits.

$297.00
CLE
ALL

This CLE webinar will provide guidance for in-house counsel to minimize potential damage to the corporation when noticed or subpoenaed for a deposition. The panel will explain how the attorney-client privilege and other evidentiary privileges may be strategically asserted to protect confidential information.

Faculty

Kimberly M. Ingram-Hogan
Partner
Bradley Arant Boult Cummings LLP

Ms. Ingram focuses her practice on complex commercial and business litigation and appellate matters in state and federal courts. She strives to provide clients with consistent communication, high-quality advocacy and strategic solutions that fit clients’ real-world needs.

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Richard W. Boone
Partner
Wilson Elser, LLP

Mr. Boone focuses his practice on a wide range of corporate, executive and professional liability matters as both coverage and defense counsel. He has appeared on behalf of insurers, entities and individuals before federal and state courts throughout the United States at both the trial and appellate levels. Mr. Boone also has extensive experience in resolving legal issues prior to litigation, which includes everything from monitoring sensitive and complex insurance coverage matters to representing clients in a variety of federal, state and internal investigations. He has also advised numerous established and startup companies regarding corporate governance matters and currently serves as a director or adviser on several corporate boards.

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Tiffany J. deGruy
Partner
Bradley Arant Boult Cummings LLP

Ms. deGruy is a trial lawyer who has considerable experience trying high-stakes business and commercial litigation. She represents the interests of clients in the healthcare industry in various types of commercial litigation. Ms. deGruy also regularly advises clients on matters related to pre-litigation and the litigation of healthcare-related issues. She also has represented clients in class actions and advises clients on the complex legal issues related to class certification. In addition, Ms. deGruy has extensive experience in managing the inherent complexity of multi-jurisdictional disputes for publicly traded companies. She handles a diverse range of cases, including high-stakes, “bet-the-company” business litigation, commercial disputes, matters arising from federal fraud investigations under the Federal False Claims Act and qui tam whistleblower actions, contract disputes, and insurance coverage disputes, as well as mass tort and employment-related disputes.

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Description

Depositions of in-house counsel are routine in business litigation, giving rise to complex legal and ethical questions regarding conflict of interest and evidentiary privileges. These issues arise primarily from the in-house attorney's dual role as legal and business adviser to the corporation.

To increase the likelihood of success in asserting the attorney-client privilege in future litigation, in-house counsel being deposed should carefully distinguish legal advice from business advice and clearly indicate when they are acting in a professional legal capacity.

Further, in-house counsel must make strategic decisions regarding when and how to respond to deposition notices and subpoenas, including when to make a motion to quash such notices or request a protective order.

Listen as our panel of experienced attorneys explains how in-house counsel can avoid or limit personal or corporate liability exposure during depositions. The panel will discuss the application of the Federal Rules of Civil Procedure and key court decisions addressing the deposition of in-house counsel and will explain best practices for responding to deposition notices and subpoenas and protecting privileged information.

Outline

  1. Application of Federal Rules of Civil Procedure to depositions of in-house counsel
  2. Key court decisions impacting depositions of in-house counsel
  3. Best practices for responding to deposition notices and subpoenas
  4. Best practices for protecting privileged information

Benefits

The panel will review these and other key issues:

  • What guidance do the Federal Rules of Civil Procedure and relevant case law provide regarding the deposition of in-house counsel?
  • How can in-house counsel prepare to address privilege issues that arise during depositions?
  • How can in-house counsel best distinguish between business advice and legal advice when responding to questions during depositions?
  • What are some effective tactics for in-house counsel responding to deposition notices or subpoenas?