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Barbarians at the Gate: Franchisors and the Attorney-Client Privilege, the Work-Product Doctrine and the Common Interest Privilege

Date
10/5/2017
Location
Live webcast

Webinar

Click here to view recorded webcast

Click here to view presentation slides

In-house counsel for franchisor companies have many duties, one of which is to protect privileged information from those whom might seek to do the organization harm. That being said, representing a vibrant franchisor places in-house counsel in many unique and challenging positions, including interactions and communications with franchisees, vendors, insurance companies, brokers, corporate affiliates and parents, private equity firms, outside counsel, experts, investigative agencies, regulators, and the list goes on and on. Maintaining the confidentiality of these communications, to the greatest extent possible, involves a working understanding of the limits of the attorney-client privilege, the work-product doctrine, and the common interest privilege.

Join Gray Plant Mooty franchise litigators Kirk Reilly and Justin Sallis for a 60-minute webcast on Thursday, October 5, discussing pragmatic and useful examples, tips, and best practices to assist in-house counsel for franchisors to navigate these often “gray areas” of the art of keeping communications confidential and privileged.

Issues to be discussed during the webcast will include:

  • A brief refresher on exactly what the attorney-client privilege, the work-product doctrine, and the common interest privilege protect, and what they don’t protect
  • Examples of real world franchisor business/legal situations where the attorney-client privilege is at risk, and best practices for protecting the privilege under these scenarios
  • In-house counsel as business advisor and legal counsel
  • How to best train key constituents to understand these privileges, and how to protect them
  • Best practices in dealing/communicating with other employees of the franchisor company, franchisees, corporate affiliates and parents, private equity groups, outside counsel, and others
  • Navigating the litigation process/discovery