Cross-Border Considerations for Protecting Privileged Evidence

Throughout the global economy, information and evidence flow freely across borders. While most jurisdictions recognize that the flow of information between lawyers and their clients deserves some form of protection, the application and extent of a “privilege” to withhold evidence from adversaries varies depending on whether the context is civil, criminal, regulatory or investigative in nature. Whether such evidence is “privileged” also depends upon the jurisdiction in which the lawyer and client each reside, who possesses the evidence, and the separate rights of adversaries to obtain or seize the evidence in the circumstances.

In this practical training, we walked through a hypothetical fact pattern to:

• Compare and contrast the concept of legal privilege in key jurisdictions – with a focus on the US, UK and European Union.
• Address the application of privilege to in-house counsel.
• Discuss the risks of waiving privilege by sharing information across companies and borders.
• Consider the unique risks presented by internal investigations and how to control document creation and preservation.

Speakers

• Sascha Grimm – Partner at Cooley
• Jonas Koponen – Partner at Cooley
• Teresa Michaud – Partner at Cooley 

View on demand

Credits

• Attendees may earn up to 1.5 CLE credit for participating in this live webinar. Credit will not be granted for on-demand viewing.
• Cooley LLP is an approved provider, and will provide credit in CA, CO, IL, NY, PA and TX.
• Cooley LLP is a sponsor, and will apply for credit in FL, OH, VA and WA.
• Credit in other jurisdictions may be available via reciprocity.
• If you have specific CLE credit questions, please contact Cooley’s licensing and compliance team.

For more information, please email Kelsey O’Connell.