Maintaining and Protecting the Sanctity of Attorney-Client Privilege in Investigations
Track
:
Legal and Regulatory
Program Code:
FR-28
Date:
Friday, October 15, 2010
Time:
3:45 PM to 4:45 PM
EST
Location:
Room 18/19
CO-PRESENTER
:
Bradley Blystone, Attorney, Marshall, Dennehey, Warner, Coleman and Goggin
Mr. Blystone is the supervising attorney for the Florida healthcare liability group of Marshall, Dennehey, Warner, Coleman and Goggin. Mr. Blystone concentrates his practice in the defense of multi-facility hospital chains and health care practitioners. He has over 18 years of experience in this area of law, and lectures frequently on medical topics including confidentiality of medical records, informed consent and end-of-life issues.
Ms. Merrill is an attorney practicing in Orlando, Florida. She represents health care providers, hospitals, and long term care facilities in state and federal court and in regulatory and administrative matters. Ms. Merrill is a member of Marshall, Dennehey, Warner, Coleman and Goggin, a regional defense law firm, with offices in Florida, Pennsylvania, New York, New Jersey, Delaware and Ohio.
Description
The attorney-client privilege was once held inviolate once invoked, but the privilege has taken a beating recently. As the United States Supreme Court considers the immediate appeal of denials of the privilege and the Senate considers legislation prohibiting federal lawyers and investigators from requesting waivers, we will explore the nature, purpose and protections afforded by the privilege. This session will discuss not only how to protect communications with and advice received from counsel, but when to involve counsel in investigations of potential adverse events, and when to selectively waive the privilege in governmental and regulatory investigations.
LEARNER OUTCOMES:
decide when selectively waiving the privilege is appropriate in regulatory investigations.
determine the scope of the attorney-client privilege and what communications are protected
protect confidential communications from inadvertent disclosure and opposing parties.