IBA Annual Conference Rome 2018
7 Oct - 12 Oct 2018
Session Room D, Level -1
Session information
Privileged and confidential: cross-border differences in the protection of confidential information
Monday 8 October (1615 - 1730)
Session Room D, Level -1
Committee(s)
Dispute Resolution Section
(Lead)
Arbitration Committee
Class Actions Committee
Litigation Committee
Mediation Committee
Negligence and Damages Committee
Description
Privileged and confidential: do these 'magic words' provide sufficient protection? Lawyers use them all the time, but they are not always used consistently or correctly. The protections available vary greatly among legal systems. In some jurisdictions, the failure to correctly mark a document or designate a conversation is fatal to the claim of privilege or confidentiality. In others, dawn raids by criminal or regulatory authorities can result in privileged documents, such as internal investigation reports, finding their way into an adversary’s hands. Legal counsel may refuse to produce evidence or provide testimony, but if the client has waived privilege or confidentiality, even implicitly or inadvertently, the protection may be rendered meaningless. In arbitration, privilege is not always uniformly applied. This panel will explore the legal and practical differences worldwide to assist international lawyers in dealing with privileged and confidential information, and in better understanding the legal and practical boundaries of protection available to them.
Session / Workshop Chair(s)
| Ira Nishisato | Borden Ladner Gervais, Toronto, Ontario, Canada; Co-Chair, Litigation Committee |
| Melanie van Leeuwen | Vanguard International Dispute Resolution , Paris, France; Vice Chair, Arbitration Committee |
Speakers
| Glaucia Coelho | Machado Meyer Advogados, São Paulo, Brazil; Website and Newsletter Officer, Class Actions Committee |
| Daniele Geronzi | Legance, Milan, Italy |
| Bettina Knoetzl | KNOETZL, Vienna, Austria |
| Professor Richard Kreindler | |
| Tat Lim | Aequitas Law, Singapore, Singapore; Co-Chair, Mediation Committee |
| Colin Passmore |