Cross-Border Considerations for Protecting Privileged Evidence

June 6, 2024
Event details
June 6, 2024
4:00 – 5:30 pm British Summer Time

Event summary

8:00 – 9:30 am PDT // 11:00 am – 12:30 pm EDT // 4:00 – 5:30 pm BST

Throughout the global economy, information and evidence flow freely across borders. While most jurisdictions recognize that the flow of information between lawyers and their clients deserves some form of protection, the application and extent of a “privilege” to withhold evidence from adversaries varies depending on whether the context is civil, criminal, regulatory or investigative in nature. Whether such evidence is “privileged” also depends upon the jurisdiction in which the lawyer and client each reside, who possesses the evidence, and the separate rights of adversaries to obtain or seize the evidence in the circumstances.

In this practical training, we will walk through a hypothetical fact pattern to:

  • Compare and contrast the concept of legal privilege in key jurisdictions – with a focus on the US, UK and European Union.
  • Address the application of privilege to in-house counsel.
  • Discuss the risks of waiving privilege by sharing information across companies and borders.
  • Consider the unique risks presented by internal investigations and how to control document creation and preservation.


Register now


  • Attendees may earn up to 1.5 CLE credit for participating in this live webinar. Credit will not be granted for on-demand viewing.
  • Cooley LLP is an approved provider, and will provide credit in CA, CO, IL, NY, PA and TX.
  • Cooley LLP is a sponsor, and will apply for credit in FL, OH, VA and WA.
  • Credit in other jurisdictions may be available via reciprocity.
  • If you have specific CLE credit questions, please contact Cooley’s licensing and compliance team.

For more information, please email Kelsey O’Connell.

This content is provided for general informational purposes only, and your access or use of the content does not create an attorney-client relationship between you or your organization and Cooley LLP, Cooley (UK) LLP, or any other affiliated practice or entity (collectively referred to as “Cooley”). By accessing this content, you agree that the information provided does not constitute legal or other professional advice. This content is not a substitute for obtaining legal advice from a qualified attorney licensed in your jurisdiction and you should not act or refrain from acting based on this content. This content may be changed without notice. It is not guaranteed to be complete, correct or up to date, and it may not reflect the most current legal developments. Prior results do not guarantee a similar outcome. Do not send any confidential information to Cooley, as we do not have any duty to keep any information you provide to us confidential. This content may be considered Attorney Advertising and is subject to our legal notices.