Corporate Counsel Beware: Conflicts of Law May Spoil Your Privileges

Because this is a CD audio seminar you enjoy:

• Fast, convenient learning without any out-of-office time lost;
• No travel-related expenses or complications;
• The perfect affordable way to update yourself rapidly on current laws.

The scope of the corporate attorney-client privilege varies between the states and between state and federal courts. Learn the two tests that have evolved to determine whether a particular corporate employee’s communications with in-house counsel are privileged by participating in the all-new Tennessee Attorneys Memo audio conference, Corporate Counsel Beware: Conflicts of Law May Spoil Your Privileges.

Conflicts of law are important to the ultimate application of the corporate attorney-client privilege. While a few states have an amalgam of choice of law rules, most states that have decided the conflicts of law issue with respect to evidentiary privileges follow either the "territorial approach" or the "most significant relationship" test.

This interactive live event will explore these issues and will provide useful practice tips for in-house attorneys, such as including a specific choice of privilege law provision in the company’s contracts.

Your Audio Conference Agenda

• Scope of the corporate attorney-client privilege
  - Control group test
  - Subject matter test
• Conflicts of law issues
  - Territorial approach
  - Most significant relationship test
• Practice tips
  - Ensure that communications with corporate employees are in fact for the purpose of rendering legal advice rather than for business-related purposes
  - Attempt to predict as much as possible whether the potential claim that may arise form the subject matter of the communication will be filed in a federal court
  - Consider including a specific choice of privilege law provision in the company’s contracts.

January 28, 2010

Corporate Counsel Beware: Conflicts of Law May Spoil Your Privileges
is just $[price].

or call (800) 274-6774

Todd Presnell

Todd Presnell, a member of Miller & Martin PLLC, briefed and argued the case of Boyd v. Comdata Network, Inc., the leading case in Tennessee on the scope, validity, and enforcement of the Joint Defense Privilege. He has published several articles on the attorney-client privilege.

Mr. Presnell concentrates his practice in commercial, products liability, and employment litigation. His experience includes handling jury and bench trials in state and federal courts. Recent trial successes include a $4.2 million verdict for a business client in a malicious prosecution lawsuit, a defense verdict on behalf a Fortune 200 company in a fraudulent inducement case, a defense verdict in a products liability case, and a defense verdict in an age and gender discrimination case.

He has also argued before the Sixth, Seventh, and Tenth Circuit Courts of Appeals, as well as the Tennessee Court of Appeals. Mr. Presnell currently serves as the Vice-Chair of the firm's litigation department with responsibility for the Nashville office, and is listed in Best Lawyers in America.

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