Navigating the Murky waters of Legal Privilege in Construction Disputes: Practical Guidance on Communications Between Clients, Counsel, and Experts
U.S. privilege doctrines recognize that sound legal advice and advocacy depend upon counsel’s ability to gather and convey critical information to his or her client without the risk that those communications will be subject to disclosure later on. However, given the number of players commonly involved in a construction disputes—clients, in-house counsel, outside counsel, consultants, testifying experts, etc.—maintaining privilege among these groups of individuals frequently pose a trap for the unwary. Indeed, notwithstanding the relatively simple objectives underlying U.S. privilege, the practice and law surrounding these doctrines can be fraught. On Wednesday, June 21, 2023, the Society for Construction Law North America, in partnership with Troutman Pepper LLP, BRG, AAA-ICDR, AACEI, ERE and Secretariat, are proud to have Gina Spiegelman, Assistant General Counsel with Woods Bagot Architects, Phil Urwin, a Director with Berkley Research Group, and Luke Eaton, a Partner at Troutman Pepper, discuss their own experiences managing privilege issues in complex construction related disputes. Moderated by Michael DeRita, Senior Counsel with AECOM, the panel will work through best practices to preserve privilege among clients and experts, how those approaches may vary from jurisdiction and forum, and how best to mitigate the risk of potential privilege waivers.
CLE credit will be provided along with an networking reception afterwards.
875 3rd Ave
New York, NY 10022