The Umbrella of Secrecy: Essential Guidelines of Confidentiality, Attorney-Client Privilege, and Work Product (2025 Edition)

Adam Schwartz
Adam Schwartz
Carlton Fields

Mr. Schwartz, is a former Assistant U.S. Attorney with the Eastern District of New York, chairs Carlton Fields’ white collar and government investigations practice group.

Erin J. Hoyle
Erin J. Hoyle
Carlton Fields

Ms. Hoyle concentrates her practice on government investigations, corporate internal investigations, and white-collar criminal defense, with a focus on whistleblower complaints, allegations of healthcare fraud, securities litigation, OFAC licensing and compliance, and cybersecurity and privacy compliance.

On-Demand: January 23, 2025

2 hour CLE

Tuition: $195.00
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Program Summary

This presentation explores the fundamentals of confidentiality, attorney client privilege, and work product doctrines, highlighting their connections and distinctions. It also examines relevant Model Rules of Professional Conduct and features real-world case examples to illustrate these principles.

This course is co-sponsored with myLawCLE.

Key topics to be discussed:

  • Understanding the definitions and essential components of confidentiality, attorney-client privilege, and work product
  • Exploring how these doctrines apply to individual and organizational clients, including scenarios involving joint or dual representation
  • Examining the application of these principles to common scenarios that challenge privilege
  • Reviewing recent developments and emerging issues in recent cases involving confidentiality and privilege, including AI-generated content

Closed-captioning available

Speakers

Adam-Schwartz_Carlton-Fields_FedBarAdam Schwartz | Carlton Fields

Mr. Schwartz, is a former Assistant U.S. Attorney with the Eastern District of New York, chairs Carlton Fields’ white collar and government investigations practice group. He concentrates his practice on white collar criminal defense, False Claims Act (Qui Tam/Whistleblower) defense, and health care fraud and abuse matters (AKS/Stark). He represents individuals and corporations in internal investigations, grand jury practice and procedure, complex civil fraud defense and advises drug manufacturers and pharmaceutical wholesalers on regulatory compliance laws including the Drug Quality and Security Act. Mr. Schwartz speaks regularly before other practitioners on topics ranging from health care fraud to attorney-client privilege considerations during internal investigations. He has been co-chair of the ABA Criminal Justice Section White Collar Crime Subcommittee for the Florida Region since 2007.

 

Erin-J.-Hoyle_Carlton-Fields_FedBarErin J. Hoyle | Carlton Fields

Ms. Hoyle concentrates her practice on government investigations, corporate internal investigations, and white-collar criminal defense, with a focus on whistleblower complaints, allegations of healthcare fraud, securities litigation, OFAC licensing and compliance, and cybersecurity and privacy compliance. She was recognized in The Best Lawyers in America: Ones to Watch in Commercial Litigation, Criminal Defense: White-Collar, Health Care Law, Litigation – Securities from 2021-2024. She is a frequent speaker and author on the False Claims Act, corporate compliance, and telehealth issues.

Agenda

I. Understanding the definitions and essential components of confidentiality, attorney-client privilege, and work product | 1:00pm – 1:30pm

II. Exploring how these doctrines apply to individual and organizational clients, including scenarios involving joint or dual representation | 1:30pm – 2:00pm

Break | 2:00pm – 2:10pm

III. Examining the application of these principles to common scenarios that challenge privilege | 2:10pm – 2:40pm

IV. Reviewing recent developments and emerging issues in recent cases involving confidentiality and privilege, including AI-generated content | 2:40pm – 3:10pm

Credits

Alaska

Approved for CLE Credits
2 Ethics

Our programs are CLE-eligible through Alaska’s recognition of multi-jurisdictional reciprocity.
Alabama

Pending CLE Approval
2 Ethics

Arkansas

Approved for CLE Credits
2 Ethics

Arizona

Approved for CLE Credits
2 Professional Responsibility/Ethics

California

Approved for CLE Credits
2 Ethics

Colorado

Pending CLE Approval
2 Ethics / Professionalism

Connecticut

Approved for CLE Credits
2 Ethics / Professionalism

District of Columbia

No MCLE Required
2 CLE Hours

Delaware

Pending CLE Approval
2 Enhanced Ethics

Florida

Approved via Attorney Submission
2.5 Ethics Hours

Receive CLE credit in Florida via attorney submission.
Georgia

Pending CLE Approval
2 Ethics

Hawaii

Approved for CLE Credits
2.4 Ethics or Professional Responsibility Education

Iowa

Pending CLE Approval
2 Ethics

Idaho

Pending CLE Approval
2 Ethics / Professionalism

Illinois

Pending CLE Approval
2 Professional Responsibility

Indiana

Pending CLE Approval
2 Ethics

Kansas

Pending CLE Approval
2 Ethics / Professionalism

Kentucky

Pending CLE Approval
2 Ethics

Louisiana

Pending CLE Approval
2 Ethics

Massachusetts

No MCLE Required
2 CLE Hours

Maryland

No MCLE Required
2 CLE Hours

Maine

Pending CLE Approval
2 Ethics / Professionalism

Michigan

No MCLE Required
2 CLE Hours

Minnesota

Pending CLE Approval
2 Ethics

Missouri

Approved for CLE Credits
2.4 Ethics

Mississippi

Pending CLE Approval
2 Ethics

Montana

Pending CLE Approval
2 Professional Fitness and Integrity

North Carolina

Pending CLE Approval
2 Ethics

North Dakota

Approved for CLE Credits
2 Ethics

Our programs are CLE-eligible through North Dakota’s recognition of multi-jurisdictional reciprocity. Section 1, Policy 1.14
Nebraska

Pending CLE Approval
2 Professional Responsibility

myLawCLE reports attendance to Nebraska on each attorney’s behalf for all programs. Please do not self-report.
New Hampshire

Approved for CLE Credits
120 Ethics / Professionalism Minutes

As of July 1, 2014, the NHMCLE Board no longer provides pre- or post-approval of courses. Attendees must self-determine whether a program is eligible for credit, and self-report their attendance online at www.nhbar.org, based on qualification provisions of Rule 53.
New Jersey

Approved for CLE Credits
2.4 Ethics / Professionalism

Our programs are CLE-eligible through New Jersey’s recognition of multi-jurisdictional reciprocity, except for the courses required under BCLE Reg. 201:2
New Mexico

Approved for CLE Credits
2 Ethics / Professionalism

Nevada

Pending CLE Approval
2 Ethics / Professionalism

New York

Approved for CLE Credits
2.4 Ethics / Professionalism

Our programs are CLE-eligible through New York’s Approved Jurisdiction Group “B”.
Ohio

Pending CLE Approval
2 Professional Conduct

Oklahoma

Pending CLE Approval
2.5 Ethics / Professionalism

Oregon

Pending CLE Approval
2 Ethics

Pennsylvania

Approved for CLE Credits
2 Ethics / Professionalism

Rhode Island

Pending CLE Approval
2.5 Ethics / Professionalism

South Carolina

Pending CLE Approval
2 Ethics / Professionalism

South Dakota

No MCLE Required
2 CLE Hours

Tennessee

Pending CLE Approval
2 Dual

Texas

Pending CLE Approval
2 Ethics / Professionalism

Utah

Pending CLE Approval
2 Ethics / Professionalism

Virginia

Pending CLE Approval
2 Ethics / Professionalism

Vermont

Approved for CLE Credits
2 Ethics

Washington

Approved via Attorney Submission
2 Ethics Hours

Receive CLE credit in Washington via Attorney Submission. myLawCLE will supply Washington state attorneys with instructions on how to gain credit.
Wisconsin

Pending CLE Approval
2.4 Ethics

West Virginia

Pending CLE Approval
2.4 Ethics / Professionalism

Wyoming

Pending CLE Approval
2 Ethics / Professionalism

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