Webinar: The Future of Attorney-Client Privilege for In-House Counsel in the U.S.

Although many lawyers assume that communications with clients are privileged, exceptions to attorney-client privilege make certain categories of otherwise privileged communications discoverable. This presentation covers the attorney-client privilege under Model Rule of Professional Conduct 1.6 and two notable exceptions recognized by federal courts in employment litigation: the fiduciary exception in ERISA actions and reliance on attorney advice in asserting the good-faith defense in FLSA actions. Panelists will provide an overview of the attorney-client privilege and will discuss how federal courts apply these two exceptions in employment litigation. This presentation will also provide practical tips for asserting or challenging these two exceptions from the plaintiff and defendant standpoint. Lawyers will be able to (i) describe the two exceptions to the attorney-client privilege in employment litigation and articulate the logic behind these exceptions, (ii) articulate when federal courts apply those exceptions, and (iii) apply the ethics and caselaw surrounding these two exceptions into their employment litigation practice.

Presented by the Federal Bar Association’s Labor and Employment Law Section and Corporate and Association Counsel Division.

Presenters

Moderator: Lawson Fite, Partner, Marten Law
Lawson draws on a wealth of experience to address clients’ practical, bottom-line business needs. Lawson has worked in private practice and for several years directed the work of a trade association in more than 50 cases in federal and state trial and appellate courts, including the United States Supreme Court. He has testified before Congress regarding proposed reforms to resource management, the Endangered Species Act (ESA), and the National Environmental Policy Act (NEPA). Lawson works with industry stakeholders across North America to improve the federal, state, and local regulatory environment. He has served as the voice of natural resource users before the United States Supreme Court in the recent cases of Fish & Wildlife Service v. Sierra Club and Forest Service v. Cowpasture River Preservation Association, where he was the lead author of coalition amicus briefs before the Court.Lawson began his career at the US Department of Justice with a focus on endangered species and wildlife issues. Lawson received a Special Achievement Award in 2009 from US Attorney General Eric H. Holder. He also represented the US Coast Guard in litigation relating to the response to the Deepwater Horizon spill. Lawson served as a law clerk for Justice Walter L. Carpeneti of the Alaska Supreme Court. He earned a J.D. degree and an A.B. (cum laude) in environmental science and public policy from Harvard University.

Ben Bauer, Associate, Nichols Kaster
Ben is a member of Nichols Kaster’s Employee Benefits litigation team where he represents employees whose retirement accounts have been shortchanged due to excessive fees, imprudent investments, employer self-dealing, and general mismanagement. Ben has represented workers across a variety of industries, from financial services to grocery stores. Ben’s passion for righting the wrongs suffered by his clients has led to successful outcomes for thousands of workers that were shortchanged through a variety of employer misconduct. Prior to joining the firm, Ben clerked for Judge Tom Fraser in Hennepin County District Court. During law school, he interned for the Minnesota Department of Human Rights, and the ACLU of Minnesota, and earned the Law School Public Service Award.

Rachael Mamula, Senior Counsel, Fed Ex
Rachael L. Mamula is inhouse counsel for FedEx Ground.  As Lead Counsel in the Government and Commercial Litigation group, she represents the company in commercial litigation and government-facing matters.  Prior to joining FedEx Ground, Rachael served for five years as an Assistant U.S. Attorney at the U.S. Attorney’s Office in Pittsburgh in the Civil and Criminal Divisions.  She began her legal career at McDermott Will & Emery LLP in Chicago, and was promoted to partner in the firm’s Trial Department in 2015.  Rachael earned her law degree from Loyola University Chicago School of Law in 2007, and undergraduate degree in philosophy from American University in 2000.  She lives in Pittsburgh with her husband and twins, and volunteers on the Board of the Pennsylvania Innocence Project.

Mary Smith, Principal and Office Litigation Manager, Jackson Lewis
Mary A. Smith is a principal and litigation manager in the White Plains, New York, office of Jackson Lewis P.C. She serves as a trusted advisor to clients on a broad range of litigation and counseling matters, helping them to understand how developing workplace issues and trends impact their businesses. Mary defends employers against claims of discrimination (gender, race, age, disability and national origin), sexual harassment, retaliation, breach of contract, misappropriation of confidential information and related tort claims. She defends employers in state and federal courts, in arbitral forums such as AAA and administrative agencies such as the Equal Employment Opportunity Commission, New York State Division of Human Rights, and the New York City Commission of Human Rights. As a member of Jackson Lewis’ Restrictive Covenants, Trade Secrets and Unfair Competition group, she regularly drafts and reviews employment agreements, confidentiality agreements, and noncompetition agreements, and handles related litigation. Mary is also a member of Jackson Lewis’ Financial Services, Real Estate, Healthcare, and Technology industry groups and is well versed in the workplace issues unique to those industries.

Registration

Registration is now Closed 

Attendees will receive the zoom streaming link in their confirmation email. Streaming information will also be circulated via email after registration closes the day prior to the webinar date.

• FBA Member: $0
• Nonmember: $75

Accessibility: Closed captioning and dial-in is available for all virtual webcasts.

Cancellation Policy: No refunds will be made for notices of cancellation received within seven (7) days of the webinar date. No-shows will be billed. Substitutions may be made up to one business day prior to the event except as the Association otherwise agrees in writing. Please contact meetings@fedbar.org with cancellation and/or substitution requests.

Internet Requirements: Virtual programs require suitable internet strength to stream online panels. A minimum internet connection of 800 Kbps is recommended for an optimal attendee experience. Test your connection here. 

CLE

CLE: 1.0 CLE Credit

CLE Credit will be processed/reported approximately 4-6 weeks after the event date and available for credit in states that allow credit for live webinar presentations. You must attend the live broadcast, answer engagement polls, and accurately enter your bar number in our database to receive credit. Certificates and required documentation for self-reporting states will be issued via email, upon state bar approval. Thank you in advance for your patience, as state bars are experiencing significant delays with virtual program processing.

Click Here for more information on CLE Attendance and Reporting.

Email Communication Policy: By registering for this event, you agree to receive email communications from the Federal Bar Association and affiliated sponsors of the program concerning event details, Continuing Legal Education certification, programming changes, upcoming events, surveys, and post-event communications.

Recording Disclaimer: By registering for an FBA webinar, you agree to the recording of audio and visual content presented during the live event and consent to subsequent use of the recording by the FBA. You agree that the recording is the sole property of the FBA and that the recording may be used by the FBA in any manner in its sole and absolute discretion. This recording may include questions and poll responses provided by you during the live event. If you do not consent to the recording and the FBA’s use of the same, do not register for the event.

If you have any questions regarding this program, please contact meetings@fedbar.org.