Demystifying Privilege - A Dechert Webinar Series - Part Two: Practical Guidance for Applying Privilege in International Disputes and Transactions

In international litigation and arbitration, there can be a lack of certainty as to the applicable rules of privilege, and how these rules will be applied in certain situations. This creates a potential for parties to be surprised with the forced disclosure of documents which they had believed to be privileged, sometimes in violation of deeply held expectations regarding the relationship between lawyer and client.

In this three-part series, Dechert will cut through the complexity to provide a survey of how rules of privilege vary around the world, explain how courts and arbitral tribunals select the applicable rules of privilege in international disputes, and provide practical guidance to parties for managing privilege issues in international disputes and cross-border transactions. 

In Part Two of this webinar series, we will address:

• Precautions to take in relation to M&A deals and other transactions, including how to prevent the buyer from accessing privileged information that was provided to the seller;
  
• How to preserve privilege over documents shared with or created by third-party funders;
  
• Privilege issues that can arise in disputes with sovereign State parties, including State secrets or deliberative privilege;
  
• How parties can protect their trade secrets and other commercially sensitive information in international litigation and arbitration; and
  
• The steps that parties can take to ensure that settlement privilege does (or does not) apply to discussions with their counterparties.
  

For queries related to this event, please contact Abby Cook.