Privilege and Work Product in Corporate Law: Avoiding Waiver, Managing Risk, and Extending Protection to Third Parties

Jennifer M. Oliver | Buchanan Ingersoll & Rooney

An experienced commercial litigator, Jennifer focuses her practice on complex litigation including defending consumer class actions and multidistrict litigation, defense of class action litigation arising from data breaches and antitrust, as well as advice and counseling. Jennifer has played active roles in several high-profile jury trials, serving as lead counsel in complex mediations, and arguing before courts at both the trial and appellate levels. She also often counsels clients on matters related to privacy compliance and use of ad tech and similar technologies. She is a Certified Information Privacy Professional/United States by the International Association of Privacy Professionals.

With experience on both the plaintiff and defense side, Jennifer has a deep understanding of the legal strategies that support clients’ business objectives. She started her litigation career at an Am Law 20 firm focusing on complex business litigation, and prior to joining Buchanan, she represented plaintiffs at a major class action and antitrust law firm. She also formed and led the privacy, advice and counseling, and merger control practice group at her previous firm. A strong advocate of pro bono work, Jennifer was a member of the team in the seminal U.S. Supreme Court case Ashcroft v. Iqbal. She also continues to be an active member in her local legal community as a Board Member for the San Diego Volunteer Lawyers Program.

Joshua Schlenger | Sheppard Mullin

Josh represents corporate clients and other business entities in high-stakes litigation in New York State and Federal courts and jurisdictions nationwide. He is an experienced trial attorney guiding clients in the financial services, pharmaceutical, aerospace, manufacturing, and other industries through commercial, real estate, distressed assets, antitrust, trade secrets, securities fraud, and bankruptcy litigation.

Clients, opposing counsel, and judges appreciate Josh for his ability to present complex facts and legal concepts in understandable ways. Josh’s skill in this regard enables him to obtain results for his clients at all phases of litigation, from pre-complaint to appeal.

Josh is a member of the New York City Bar’s Commercial Law & Uniform State Laws Committee, which makes recommendations to the New York Legislature regarding the adoption of the Uniform Law Commission’s proposed Uniform Laws, as well as the City Bar’s Ethics Committee. Josh has also been active in synagogue and communal organizational leadership.

Prior to joining Sheppard Mullin, Josh interned at the Appeals Bureau of the Queens County District Attorney’s office and was a litigator at major national law firms, including one of the country’s preeminent bankruptcy firms.

Robert Tobey | Johnston Tobey Baruch

Robert is Board Certified in Consumer and Commercial Law by the Texas Board of Legal Specialization. More than any other specialization, this one requires a broad knowledge of civil law. Robert served as the 2020 President of the Dallas Bar Association, an honor that speaks volumes about the respect he commands from his peers in the Dallas legal community. Robert presently serves as an Elected Director on the State Bar of Texas Board of Directors.

A 1980 graduate of the University of Texas School of law, Robert began his undergraduate work at Southern Methodist University and graduated as a finance major (B.S. in Economics) from the Wharton School of Business at the University of Pennsylvania. He was associated with two law firms before joining Randy Johnston in a litigation practice in 1987. Perhaps Robert’s best recommendation is the testimonial he received from a client who was defrauded by an investment company until Robert made it right.

In 2020, Robert was named to the Lawdragon 500, which annually recognizes the 500 Leading Lawyers in America. He also earned selection as Lawyer of the Year in Legal Malpractice Law – Plaintiffs, Dallas/Fort Worth in 2020, 2021, and 2022 by Best Lawyers in America. The Best Lawyers in America has recognized Robert every year since 2013 in its annual edition in the areas of Commercial Litigation, as well as Legal Malpractice Law and Professional Malpractice Law for both plaintiffs and defendants. Robert has been featured among the Texas Super Lawyers in 2003-2022 by Thomson Reuters and earned Top 100 rankings statewide in 2015 and Top 100 in Dallas/Fort Worth in 2014-2015 and 2017. D Magazine and his peers voted him among the Best Lawyers in Dallas from 2013-2025. Robert has been assigned the highest AV rating by Martindale Hubbell and a superb 10.0 rating by Avvo.

For the past decade, Robert has been involved with several legal industry organizations. He currently serves as President of the Dallas Bar Association and served as Co-Chair of the Equal Access to Justice Campaign (2014-15), and as Chair of the Trials Skills Section (2015), the CLE Committee (2015), the Judiciary Committee (2014), the Transition to Law Committee (2013), the Bench Bar Committee (2012), the Tort and Insurance Practice Section (2011) and the Business Litigation Section (2010).

I. Foundations of privilege in corporate legal practice | 1:00pm – 1:15pm

II. Knowing who your client is | 1:15pm – 1:30pm

III. How to extend the privilege to third parties | 1:30pm – 1:45pm

IV. Designing, launching, and managing privileged investigations | 1:45pm – 2:00pm

Break | 2:00pm – 2:10pm

V. Cross-Border and regulatory challenges to privilege | 2:10pm – 2:30pm

VI. Ethics, professional responsibility, and governance | 2:30pm – 2:50pm

VII. Litigation and enforcement risk | 2:50pm – 3:10pm