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Determining Privilege in Insolvency & Restructuring Matters


October 16, 2013, 6-9 pm

New York, California & New Jersey Credit: 3.0 ethics.
This live program provides transitional/non-transitional credit to all attorneys.
Illinois & Pennsylvania Credit:2.5 professional responsibility.

Member: $195.00 Nonmember: $305.00

Download Program Agenda & Faculty. Download Registration Form
New York City Bar
42 West 44th St
New York, NY 10036

 

This three hour ethics program will explore the attorney-client privilege, one of the oldest common law privileges protecting confidential communications, in bankruptcy matters. The public policy behind the privilege is to encourage full and frank communications between lawyer and client. Accordingly, in a traditional litigation setting, courts are loath to invade protected communications absent extraordinary and compelling circumstances. In bankruptcy, the policy considerations behind the attorney-client privilege must be balanced against the fair administration of the debtor’s estate and creditor constituencies’ right to disclosure. Special issues arising in insolvency proceedings may include:
• Who holds and is entitled to waive privilege on behalf of the debtor.
• Can the debtor assert a common interest privilege between itself and other parties-in-interest?
• Privilege issues as between the controlling shareholder of a corporation versus subsidiary corporations.
• The interplay among the attorney-client privilege, the settlement communications doctrine and federal rule of evidence 408.
• Can a common interest privilege protect communications among groups in bankruptcy proceedings?
• The scope of work product protection in anticipation of bankruptcy proceedings.
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Program
 

 
10/16/2013 6:00 PM
Go Green. Your registration includes a free PDF download of the course book. If you do not wish to obtain the PDF who can add the hard copy version of the course book to your registration for a $25.00 fee. Registrants who select the PDF will be sent an email at 3.00 pm on the afternoon prior to the program with details on how to access the PDF. Registrants who add the hard copy will receive their course book upon arrival at the program. Fee does not apply to firm passports.

6:00 PM - 9:00 PM