Standing Guard – Protecting Privilege and Work Product
On Demand

Standing Guard – Protecting Privilege and Work Product

Philip Cook |  Jane Kim |  Tobias Keller
Course Levels:
1 hour
Audio and Video
Original Program Date :
Nov 08, 2018

Course Description

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Course Description

Navigating through issues of privilege and work product can be particularly complicated for in-house counsel. You must identify a corporate “client,” and specifically those individuals who can communicate on its behalf.  Where in-house attorneys have both legal and business responsibilities, the role played can affect whether or not communications are protected by privilege. The program will cover circumstances like these, unique to the analysis of privilege and work product for in-house counsel, and provide practical suggestions for protecting information under the attorney-client communications privilege and the work product doctrine. 


Course Learning Objectives:

At the end of this session, participants will be able to:
  • Understand the nature of privileged communications in the organizational context
  • Identify types of communications involving in-house counsel that may or may not be privileged
  • Guard against risks that disclosures to third parties may waive privilege
  • Utilize practical suggestions about ways that in-house counsel can protect the privileged nature of their communications and attorney work product

Topics and Agenda

  • Mins 1-50: Introduction
  • Mins 6-45: Topic 1 - Protecting Privilege
  • Mins 46-55: Topic 2 - Protecting Work Product
  • Mins 56-60: Closing Remarks

CLE Credits

Mandatory CLE Credit

This program may be eligible for a total of 1 CLE credit(s) in a 60 minute state of which 1  are Ethics credits.

This program may be eligible for a total of 1.2 CLE credit(s) in a 50 minute state of which 1.2  are Ethics credits.




This course has been approved for 1 MCLE General Credit(s) in California of which 1 are Legal Ethics, 0 are Elimination of Bias in the Legal Profession, 0 are Prevention, Detection and Treatment of Substance Abuse/Mental Illness that Impairs Professional Competence.


All courses are presumptively approved.  This course has been approved for 1 MCLE General Credit(s) in Georgia of which 1 credit(s) qualifies for Ethics credit.


This course has been approved for 1 MCLE General Credit(s) in Illinois of which 1 credit(s) qualifies for Professional Responsibility credit.


Select Counsel is an approved provider in the State of Pennsylvania. This course has been approved for 1 CLE Credit(s) in Pennsylvania of which 1 credit(s) qualifies for Ethics credit.


This course has been approved for 1 MCLE Credit(s) in Texas of which 1 credit(s) qualifies for Ethics credit.

States Pending Approval

The following states are pending approval.


An application for MCLE credit is pending in Ohio.


An application for MCLE credit is pending in Washington.

Other MCLE Jurisdictions

Reciprocal States: The following jurisdictions allow reciprocity for courses approved in other MCLE jurisdictions:Alaska, Arkansas, Colorado, Florida, Montana, New Jersey, New York, North Dakota, and Oregon.

Self Reporting States: States that allow an attorney to apply or self-report CLE credit are: Alabama, Delaware, Hawaii, Idaho, Indiana, Iowa, Kentucky, Louisiana, Maine, Minnesota, Mississippi, Nebraska, Nevada, New Hampshire, New Mexico, North Carolina, Oklahoma, Oregon, Rhode Island, South Carolina, Tennessee, Utah, West Virginia, Wisconsin and Wyoming.

Course Materials


Philip Cook's Profile

Philip Cook Related seminars and products: 2

The Cook Law Firm, P.C.

The Cook Law Firm was founded on the premise that the most effective and successful litigators certainly master the law that applies to a dispute, but also bring the broader view of trial lawyers and counselors when handling different types of cases. Judges and juries who will decide your case are likely not experts in your industry, your business, or your products. A trial lawyer makes a compelling case for the courtroom decision-maker to see things your way. The Cook Law Firm provides a conflict-free alternative to big law firms for a wide array of plaintiffs and defendants. We have the perspective and skill set that corporate America expects from its attorneys, but deliver a more flexible, cost-effective, and responsive solution to litigation challenges.

PRACTICE FOCUS: Insurance Law | Litigation and Dispute Resolution
PRIOR ROLES/EXPERIENCE: Jones Day  |  Skadden Arps
LAW SCHOOL: University of California-Los Angeles
LOCATION: Los Angeles

Jane Kim's Profile

Jane Kim Related seminars and products: 2

Keller & Benvenutti LLP

Keller & Benvenutti is a nationally ranked bankruptcy boutique founded by two Jones Day partners in 2013 and comprised entirely of former Big Law attorneys. We provide senior legal advice to our corporate clients who are or may become involved in bankruptcy or restructuring situations, including debtors, investors, purchasers, and other creditors. Before joining Keller & Benvenutti in 2014, Jane was associated with Cleary Gottlieb, where she represented Nortel Networks Inc. as it filed its chapter 11 petition and operated and sold its assets within bankruptcy, as well as the Federal Reserve System in the days leading up to Lehman's chapter 11 filing.

PRACTICE FOCUS: Bankruptcy and Restructuring
PRIOR ROLES/EXPERIENCE: Cleary Gottlieb, Associate
LAW SCHOOL: Harvard University
LOCATION: San Francisco

Tobias Keller's Profile

Tobias Keller Related seminars and products: 2

Keller & Benvenutti LLP

Keller & Benvenutti counsels clients in a variety of industries dealing with financial distress, advising on dislocations arising from excessive leverage, uncontrolled litigation, or unanticipated employee or vendor problems, and the governance questions that arise in connection with those challenges.
PRACTICE FOCUS: Bankruptcy and Restructuring
LAW SCHOOL: Stanford Law School
LOCATION: San Francisco

MCLE Information for On-Demand

MCLE Information for On-Demand Seminars

General Information

Please note that Select Counsel delivers multiple on-demand courses. Please view a specific course program’s description page or marketing materials for information indicating the jurisdictions a specific program is eligible for credit.

Accreditation Information

Select Counsel applies for credit for most of it's on-demand seminars the following states:

  • Georgia
  • Illinois
  • Ohio
  • Texas
  • Washington

Select Counsel is an approved accredited provider for in the states of California and Pennsylvania.  CLE credit is available for all Select Counsel courses. 

Please refer to the CLE credit tab to determine which states are approved and those that are pending.

Select Counsel does not seek direct accreditation in AL, AK, AZ, CO, CT, DE, FL, GU, HI, IN, IA, ID,  KY, LA, MN, NE, ME, MO, MP, MS, MT, NH, NJ, NM, NY, NV, NC, ND, OK, OR,  PR, RI, SC, TN, UT, VI, VA, VT, WI, WV and WY.  However, if there is a high demand for a particular state during the registration process, Select Counsel will consider submitting an application for accreditation in that state. Meanwhile, most states allow for Course Approval Reciprocity or Attorney Submitted Applications for Accreditation.  Please see details below.

Course Approval Reciprocity

The following states allow attorneys to earn CLE credit through reciprocity from a course or course provider that meets the basic requirements for approval in that state.  States that allow reciprocity for courses approved in other jurisdictions are listed below.  Click any of the states  below for rules and regulations regarding reciprocity in that  below state.

Self-Reporting/Accreditation States

Select Counsel has not submitted applications in the states listed below.  Many states allow attorneys to submit a course for approval and/or self-report their attendance to the their MCLE Board if it has not been submitted by the sponsor of the course. Currently attorneys who participate in a Select Counsel course who want CLE for the states listed below need to apply/report directly with that state. However, if there is a high demand for a particular state during the registration process, Select Counsel will consider submitting an application for accreditation in that state.

  • Alabama
  • Delaware
  • Georgia (for some select counsel programs, see the CLE Credit tab for additional information)
  • Hawaii
  • Idaho
  • Indiana
  • Iowa
  • Kentucky
  • Louisiana
  • Minnesota
  • Mississippi
  • Nebraska
  • Nevada
  • New Hampshire
  • New Mexico
  • North Carolina
  • Oklahoma
  • Oregon
  • Rhode Island
  • South Carolina
  • Tennessee
  • Utah
  • West Virginia
  • Wyoming

At this time, Kansas requires the sponsor of all non-traditional format courses to submit the program application. (Kansas will not accept an application from an individual lawyer).


Please note that some states have accreditation fees. In addition, some states may not approve specific programs, formats, or topics for credit. This list is a general guide only. Specific information about your state accreditation requirements can be found on your state's regulator page. For contact state regulator contact information please visit the Continuing Legal Education Regulators Association at

Certificates of Attendance and Tracking

For each on-demand seminar, Select Counsel will be tracking your attendance through participation codes that pop up during the presentation. Instructions on how to use these participation codes, along with information about how to retrieve your credit will be provided to you prior, during and after the completion of the program.


Upon completion of the course you will receive a either a state specific certificate of attendance for the courses that Select Counsel applied for or a Uniform Certificate of Attendance for states that have reciprocity or are self applying/reporting states.  


State by State reporting instructions will be included with each certificate of attendance. You will receive this information via email, as well as in a handout that can be accessed before, during and after the course in your customer account.

Participation Reporting

Select Counsel only applies for course approval in the following states: CA, IL, OH, TX, and WA and is an accredited provider in PA.  Select Counsel will report attendance in any of the above states (e.g. PA) that require the provider to report attendance.  For states that allow course approval reciprocity and/or that attorneys are self-reporting/applying, Select Counsel will guide you to the appropriate forms and governing bodies. All information about reporting credit to your state will be provided as a hand out prior, during and after the completion of the course.

A Note About MCLE Credit

The content on this page is for informational and educational purposes only. Each state has its own rules and regulations indicating what qualifies for CLE credit. Certain programs, subjects, and formats may not receive credit in some states and there may be specific rules regarding who may earn credit or the maximum number of credit hours that may be earned with specific formats.  Please contact your state MCLE regulatory entity for specific questions about your MCLE rules. For contact information, go to

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