Privilege determinations occur only in litigation where the stakes are generally very high.
When client is a corporation, privilege is more likely to apply if outside counsel retains the expert than if in-house counsel retains the expert. Retention by in-house counsel is preferable to retention of expert by corporate management. This video discusses that why the court’s view is generally a mixed question of law and fact; and how challenges to maintaining the privilege exists for all privilege issues.
Rebecca M. Lamberth
Duane Morris LLP
- Partner with Duane Morris LLP with over 30 years of litigation experience
- Co-chair of the firm’s Commercial, Securities and Antitrust Litigation Practice Division
- Practices in the areas of securities litigation, complex commercial litigation and the representation of lawyers and law firms
- Represents public and private companies, including REITs, with extensive experience in complex business and securities litigation, securities disclosure and corporate governance
- Advises public company clients on securities disclosure, corporate governance and D&O insurance issues and represents corporate clients before the SEC
- Represents and counsels lawyers and law firms in litigation and concerning professional conduct issues
- Written and spoken on topics related to her areas of expertise
- Atlanta Magazine named her a Georgia Super Lawyer (2006-2013)
- Listed in the Super Lawyers Corporate Counsel Edition
- Achieved the highest rating with the Martindale-Hubbell Law Directory
- J.D. degree, University of Virginia School of Law; B.A. degree, summa cum laude, Vanderbilt University
- Can be contacted at 404-253-6900 or [email protected]
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