Common Interest & Joint Defense Privileges Under Massachusetts Law
Best practices for ensuring common interest communications remain protected
- Product Number: 2250111WBC
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CLE Credits, earn up to:
1.5 substantive credits, 0 ethics credits CLE Credit Note - Print Brochure
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Product Description
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.
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Agenda
Agenda & Materials
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2:00 - 2:05 pm
Welcome and Introduction
on demand video Add to CartChristian Kiely, Esq., Todd & Weld LLP , Boston
Elizabeth J. McEvoy, Esq., Epstein Becker & Green , Boston
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4:20pm - 4:30pm
Typical Challenges to Common Interest Privilege Assertions
on demand video Add to CartJames S. Weliky, Esq., Messing, Rudavsky & Weliky, PC , Newton
James S. Weliky, Esq., Messing, Rudavsky & Weliky, PC , Newton
Jason B. Barshak, Esq., Massachusetts Commission Against Discrimination, Commonwealth of Massachusetts , Boston
Patrice Dixon, Esq., Constangy, Brooks, Smith & Prophete LLP , Boston
Lila Roberts, Esq., Massachusetts Commission Against Discrimination, Commonwealth of Massachusetts , Boston
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2:05 - 3:30 pm
MCAD Intake and Investigation Process
on demand video Add to Cart- Intake and Complaints: how intake works, how complaints are processed, online filing, what information to provide, what materials to bring/include, best practices, legal issues that may arise at this stage, brief overview of the investigation process
- Opportunities for Early Mediation
- Position Statements and Rebuttals: their function, best practices, legal issues
- Investigative Conferences: their function, how they work, best practices, legal issues
- Pre-determination Discovery and Motion Practice at the MCAD
- Causal Determinations: what they are, who participates in decision, standard for probable cause/ lack of probable cause, motions to reconsider probable cause finding, appeal
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4:30pm - 4:55pm
Best Practices for Ensuring Communications Between Separately-Represented Litigants and Their Counsel Remain Privileged
on demand video Add to CartJames S. Weliky, Esq., Messing, Rudavsky & Weliky, PC , Newton
Jason B. Barshak, Esq., Massachusetts Commission Against Discrimination, Commonwealth of Massachusetts , Boston
Patrice Dixon, Esq., Constangy, Brooks, Smith & Prophete LLP , Boston
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4:55pm - 5:00pm
"Ask the Experts" Q&A Session and Key Takeaways
James S. Weliky, Esq., Messing, Rudavsky & Weliky, PC , Newton
Gina Leonard, Massachusetts Commission Against Discrimination, Commonwealth of Massachusetts , Boston
Lila Roberts, Esq., Massachusetts Commission Against Discrimination, Commonwealth of Massachusetts , Boston
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3:30 - 3:35 pm
Break
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3:30 - 3:35 pm
Break
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3:35 - 4:10 pm
MCAD Post-Cause Proceedings
on demand video Add to Cart- Conciliation: how it works, best practices
- Post-Certification Discovery: how it works, best practices, legal issues
- Discovery Disputes
James S. Weliky, Esq., Messing, Rudavsky & Weliky, PC , Newton
Jason B. Barshak, Esq., Massachusetts Commission Against Discrimination, Commonwealth of Massachusetts , Boston
Patrice Dixon, Esq., Constangy, Brooks, Smith & Prophete LLP , Boston
Lila Roberts, Esq., Massachusetts Commission Against Discrimination, Commonwealth of Massachusetts , Boston
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4:10 - 4:50 pm
MCAD Public Hearing Process
on demand video Add to Cart- Certification and Pre-Hearing Conferences: what they are, how they work, best practices
- Conduct of the Public Hearing: preparing for the public hearing (practitioners), opening statements, evidence (applicability of rules, how it's entered, best practices, disputes)
- Remedies: what you get, evidence to support, best practices
- Proposed Findings: what they are, function, best practices
- Full Commission review
James S. Weliky, Esq., Messing, Rudavsky & Weliky, PC , Newton
Jason B. Barshak, Esq., Massachusetts Commission Against Discrimination, Commonwealth of Massachusetts , Boston
Patrice Dixon, Esq., Constangy, Brooks, Smith & Prophete LLP , Boston
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4:50 - 5:00 pm
Please Note
MCLE webcasts are delivered completely online, underscoring their convenience and appeal. There are no published print materials. All written materials are available electronically only. They are posted 24 hours prior to the program and can be accessed, downloaded, or printed from your computer.
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