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July 13, 2016

The seminar focused on privilege problems and pitfalls for funds, fund boards and fund advisers.

On July 13, Willkie hosted a CLE seminar, “Preserving The Privilege: Special Considerations for Registered Investment Companies and Their Advisers.” Partners Amelia Cottrell and Mary Eaton led the program, with partner Benjamin Haskin serving as moderator.

For funds, fund boards and fund advisers, the application of the attorney client privilege, the attorney work product doctrine, and protective privileges presents unique and complex issues. This program addressed problems and pitfalls that arise in this context and provide practical suggestions for handling them, including:

  • Maintaining the privilege in communications between funds, boards and advisers and their counsel
  • Avoiding privilege waivers during an SEC proceeding or private litigation
  • Responding to auditors’ requests for privileged information under SAS 54