Shook Partner Patrick Oot and Of Counsel Jeremy Wikler have co-authored “5 Tips for Protecting Legal Privilege During Global Litigation” for ACC Docket’s June 2020 issue. “[C]ounsel should be aware of the effect of globalization on litigation and the impact cross-border discovery has on privilege,” the authors advise. “Now may be the time to consider a refresh of in-house privilege protocols, strategy, and training.”
The article provides “[f]ive practical tips to protect privilege in a globalized litigation environment,” including strategic orders and waivers, education on choice-of-law risks and careful planning for witness interviews. “Applying these practical tips can help mitigate concerns regarding disclosure of privileged information in both domestic and cross-border litigations,” the authors conclude. “With data volumes growing exponentially and discovery becoming increasingly globalized, planning ahead is a necessity. By implementing these practices and techniques, in-house counsel will fortify the protections afforded by the attorney-client and work product privileges.”
For the article, Oot and Wikler partnered with Laura Kibbe, assistant general counsel at IQVIA, and Amy Sellars, assistant general counsel and director of the Discovery Center of Excellence at Cardinal Health.