Attorney-Client Privilege: Don't Let It Be Your Downfall!
Join Freshfields US and European partners David Livshiz, Linda Martin, Alison Kirby-Harris, Wolrad Prinz zu Waldeck, and Jeroen van Hezewijk for an in-depth discussion centered on recent developments in the law of cross-border privilege, including by looking at a number of case studies drawn from real-life transactions and disputes that they have handled for our cross-border clients.
What may be protected by attorney-client privilege in the United States may not be protected in Europe (and, vice-versa), American strategies for managing privilege may not work (and, in fact, may be counterproductive) in Europe, and, on the other hand, conduct that has long been accepted in Europe may operate to cause a waiver of privilege under US law. Failure to appreciate these subtle cross-jurisdictional nuances may not only compromise your position in front of a court or regulator, but could even undermine your ability to execute on a long planned transaction.
