Product Description

The common interest or joint defense privilege is a widely used tool to shield from discovery strategic communications between separately represented parties who are united against a common adversary. Although the common interest privilege has been relied upon by Massachusetts practitioners for decades, it was only formally recognized by the Supreme Judicial Court in 2007. The limits of the common interest privilege under Massachusetts law are not well defined, and assertions of the common interest privilege are frequently subject to challenge. Much of the case law from other jurisdictions concerning the scope of the privilege is seemingly at odds with how practitioners use common interest agreements in their day-to-day practice.

Join our experts as we look at Massachusetts law concerning the common interest privilege, typical challenges to the assertion of the common interest privilege, and best practices for ensuring that communications between allied parties remain privileged. 

Agenda & Materials

• 3:30pm - 3:35pm

  Welcome and Introduction

  on demand video Add to Cart

  Christian Kiely, Esq., Todd & Weld LLP , Boston
  
• 3:35pm - 4:00pm

  What is the Common Interest “Privilege”?

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  Christian Kiely, Esq., Todd & Weld LLP , Boston
  Elizabeth J. McEvoy, Esq., Epstein Becker & Green , Boston
  
• 4:00pm - 4:20pm

  Common Interest Privileges in Civil, Criminal, and Transactional Matters

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  Christian Kiely, Esq., Todd & Weld LLP , Boston
  Elizabeth J. McEvoy, Esq., Epstein Becker & Green , Boston
  
• 4:20pm - 4:30pm

  Typical Challenges to Common Interest Privilege Assertions

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  Christian Kiely, Esq., Todd & Weld LLP , Boston
  
• 4:30pm - 4:55pm

  Best Practices for Ensuring Communications Between Separately-Represented Litigants and Their Counsel Remain Privileged

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  Brian A. Suslak, Esq., Morrison Mahoney LLP , Manchester
  
• 4:55pm - 5:00pm

  "Ask the Experts" Q&A Session and Key Takeaways

  Panel
  

Please Note

MCLE on demand programs are delivered completely online, underscoring their convenience and appeal. There are no published print materials. All written materials are available electronically only through a link included on the on demand program page.

Chair

Faculty