transcript   Transcript

Ethics for Trademark Litigators

Recorded on: Mar. 15, 2018
Running Time: 01:03:48

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Taken from the Web Program Advanced Trademark Law 2018: Current Issues Recorded March 2018 in New York

Ethics for Trademark Litigators [01:03:48]

Issues of Ex Parte Communications, Attorney-client Privilege and Work Product Doctrine involving investigators, foreign associates, client employees, in-house counsel, expert witnesses, pilot surveys, fact witnesses, non-employee advisors . . . and spouses

  • What ethical restrictions impact the use of investigators?
  • Under what circumstances can the privilege extend to non-employee advisors? 
  • Are communications with in-house counsel always protected by the privilege?
  •  Does the privilege extend to client employees? To Paralegals?
  • How does the attorney client privilege differ for foreign associates? 
  • What are the privilege ramifications for testifying experts versus non-testifying consultants?
  • Are pilot surveys discoverable? 
  • To what extent does the privilege or the Work Product Doctrine apply to communications with fact witnesses? 
  • Should you assert the advice of counsel and what is the scope of waiver?
  • Under what circumstances might the spousal privilege – marital communications and testimonial privilege – come into play in a trademark case?

Brian B. Darville

The purchase price of this Web Program segment includes the following article from the Course Handbook available online:
  • Ethics for Trademark Litigators
    Brian B. Darville

Presentation Material

  • Ethics for Trademark Litigators
    Brian B. Darville
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Brian B Darville ~ Oblon, McClelland, Maier and Neustadt, LLP
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