This panel examines the ethical and procedural framework governing inadvertent disclosures of privileged materials in bankruptcy practice. The discussion explores the bankruptcy-specific complications (from compressed discovery timelines and multi-party productions to trustee succession issues) that arise when privilege is breached and offering practical guidance for preventing and managing these disclosures.
Learning Objectives:
- Attendees will understand the ethics rules and procedural framework (Model Rules 1.6(c) and 4.4(b), FRCP 26(b)(5)(B), and FRE 502(b)) governing inadvertent disclosure of privileged materials and the duties triggered.
- Attendees will recognize bankruptcy-specific complications that heighten inadvertent disclosure risk, including compressed case timelines, multi-party document flows among debtors, committees, and trustees, and privilege succession issues following trustee appointment.
- Attendees will identify practical strategies for preventing inadvertent disclosures and effectively managing a clawback dispute once one occurs, from FRE 502(d) orders and tiered review protocols to crisis-response steps for producing and receiving counsel.