When Your Discussions with Your Client Are Not Privileged (2025 Edition)

Meghan K Spillane
Meghan K Spillane
Goodwin Procter LLP

Meghan Spillane is a partner in Goodwin’s Complex Litigation & Dispute Resolution practice and serves as Co-Chair of the Digital Currency & Blockchain Technology practice.

Michael J. Needleman
Michael J. Needleman
Philadelphia Business Lawyers Reger Rizzo & Darnall LLP

He has extensive trial experience, having tried cases across Pennsylvania and New Jersey as well as in the District of Columbia.

On-Demand: November 6, 2024

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3 hour CLE
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Program Summary

Session I - The Essentials of Preserving Attorney-Client Privilege – Meghan K. Spillane

Attorney-client privilege is a vital legal principle that protects confidential communications between attorneys and clients, encouraging full and frank communications by ensuring that the legal advice remains private. The privilege covers the provision or solicitation of legal advice in a variety of forms, including oral, written, and electronic exchanges. The privilege may also extend, in some circumstances, to communication with third parties who are essential to the legal advice, like experts or accountants. There are several circumstances, however, where the attorney–client privilege can be intentionally or inadvertently waived, resulting in the underlying communications being discoverable by private litigants or government agencies. Understanding strategies for preserving the attorney-client privilege is therefore essential for maintaining confidentiality and control over your legal strategy.

Key topics to be discussed:

  • Defining Attorney-Client Privilege
    • Definition and Scope
    • Upjohn v. United States
  • Extending the Privilege to Third Parties
    • The Kovel Doctrine
    • Common Interest Privilege
  • Waiver of Privilege
    • Selective Waiver
    • Inadvertent Disclosure
    • Pitfalls to Avoid

Session II - Check Your Privilege: When Your Discussions with Your Client Are Not Protected – Michael J. Needleman

This session will discuss the attorney client privilege and related topics. We will discuss what these ideas are, how they get expressed, and look at some real-world scenarios. We will also address some of the ethical requirements surrounding such communications, though we will try to have some laughs along the way and try not to be a boring ethics lecture.

Key topics to be discussed:

  • Scenario
  • Duty of Confidentiality
  • Work Product Doctrine
  • Fed. R. Evid. 502
  • Waiver
  • Joint Defense Agreement

This course is co-sponsored with myLawCLE.

Closed-captioning available

Speakers

Meghan K Spillane_myLawCLEMeghan K Spillane | Goodwin Procter LLP

Meghan Spillane is a partner in Goodwin’s Complex Litigation & Dispute Resolution practice and serves as Co-Chair of the Digital Currency & Blockchain Technology practice. She also works closely with the Firm’s FinTech practice and Financial Restructuring Group. Meghan provides advice on regulatory and compliance issues and counsels companies involved in government investigations and civil litigation. Her experience includes the defense of corporations and individuals in both criminal and civil matters, including securities fraud, market manipulation, insider trading, and corporate governance violations. Meghan also regularly defends clients in matters involving allegations of business torts, fraud and breaches of contract or fiduciary duties. In addition to her litigation experience, Meghan has substantial experience advising clients in connection with contract negotiations and employing litigation avoidance strategies.

Meghan also advises technology clients in the digital currency and blockchain industry to solve business problems and provide advice on regulatory and compliance issues, including with respect to digital asset transactions and platforms, decentralized finance (DeFi), non-fungible tokens (NFTs), and related securities law and regulatory matters.

Meghan represents companies and individuals at all stages of government investigations and complex civil litigation, including defending clients in several criminal and civil trials. Examples of Meghan’s representative matters include:

Blockchain and Fintech:

  • Advises tech companies and investment funds on SEC, DOJ, CFTC, and state investigations related to Web3 and digital assets
  • Provides regulatory advice for digital asset transactions and platforms
  • Assists cryptocurrency mining companies with regulatory inquiries and civil litigation
  • Represents a crypto intelligence firm in defamation claims
  • Guides fintech and SaaS providers in disputes involving loan products and financing arrangements

Complex Civil Litigation:

  • Defends medical professionals against defamation claims linked to FDA petitions
  • Represents financial institutions in litigation related to municipal bonds and antitrust class actions
  • Advocates for technology company CEOs facing contract and fraud allegations
  • Handles various commercial disputes involving contract breaches and fraud

Bankruptcy Litigation:

  • Represents secured lenders and unsecured creditor committees in bankruptcy proceedings and litigation in Delaware

Government Investigations:

  • Defends clients in criminal investigations related to misconduct and internal investigations involving high-profile figures
  • Handles False Claims Act investigations for financial institutions and represents individuals facing securities fraud and insider trading allegations

 

Michael J. Needleman_Philadelphia Business Lawyers Reger Rizzo & Darnall LLP_ FedBarMichael J. Needleman | Philadelphia Business Lawyers Reger Rizzo & Darnall LLP

Michael J. Needleman is a Partner in the firm’s litigation department. He has extensive trial experience, having tried cases across Pennsylvania and New Jersey as well as in the District of Columbia. He has also tried cases in federal court in Pennsylvania and New Jersey. Although Mr. Needleman concentrates on insurance-based litigation and bad faith defense, he also handles employment-related litigation and complex commercial matters for businesses in the region. As with nearly every area of business, the COVID-19 pandemic has forced significant changes on the legal profession. Mr. Needleman prides himself on his adaptability. He has successfully moved most of his practice online. In each of the jurisdictions in which he practices, Mr. Needleman has litigated remotely, including depositions; court hearings; and even trial. It is this kind of flexibility, combined with thorough preparation and skill, that makes Mr. Needleman an effective litigator, whether live in the courtroom or by remote platform. Notably, he has successfully defended each case tried remotely. Mr. Needleman is frequently asked to speak to continuing legal education audiences and to the insurance industry on litigation-specific topics, trial practices and new developments. His audiences are local, regional, national, and overseas. A former law clerk to the Hon. Theodore Z. Davis, P.J. Ch., Camden County, Mr. Needleman has continued with his commitment to public service. He is a past member of the Advisory Board of Directors of the CMT Association, co-chair of the ADR committee of the New Jersey Defense Association, and currently serves on the school board in his local township. Some of Mr. Needleman’s more notable experience includes:

  • Efficiently obtained a full dismissal on behalf of our client, an excavation and site work contractor, before extensive discovery was conducted on a multi-million-dollar motor vehicle accident claim, saving the client a significant amount of money in litigation fees
  • Obtained a defense verdict in a premises liability case in Philadelphia
  • Successfully represented a mid-size manufacturer in discrimination litigation in Pennsylvania Court of Common Pleas
  • Won summary judgment on behalf of a large insurer in bad faith litigation in the United States
  • District Court for the District of New Jersey
  • Successfully represented a large manufacturer and supplier in Title VII and related litigation in the United States District Court for the Eastern District of Pennsylvania
  • Won a defense verdict at trial in the Superior Court of New Jersey in bad faith litigation
  • Won a defense verdict on behalf of a homeowner at trial in the United States District Court for the Eastern District of Pennsylvania Mr. Needleman is also a frequent contributor to Reger Rizzo & Darnall’s Employment Law Update, a collection of timely, informative, and thought-provoking updates on critical topics impacting employers, employees, HR professionals, business owners, and everyone associated with the employment law arena. Please visit our Employment Law Update page for access to all of our educational client alerts

Agenda

Session I – The Essentials of Preserving Attorney-Client Privilege | 1:00pm – 2:00pm

  • Defining Attorney-Client Privilege
    • Definition and Scope
    • Upjohn v. United States
  • Extending the Privilege to Third Parties
    • The Kovel Doctrine
    • Common Interest Privilege
  • Waiver of Privilege
    • Selective Waiver
    • Inadvertent Disclosure
    • Pitfalls to Avoid

Break | 2:00pm – 2:10pm

Session II – Check Your Privilege: When Your Discussions with Your Client Are Not Protected | 2:10 – 4:20pm

  • Scenario
  • Duty of Confidentiality
  • Work Product Doctrine

Break | 3:10pm – 3:20pm

  • Fed. R. Evid. 502
  • Waiver
  • Joint Defense Agreement
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