Andrew H. Ralston and Loren L. Speziale, Gross McGinley, LLP
Recent developments in the case law interpreting Pennsylvania’s and the FRCP’s work product limited immunity doctrine have made carefully delineating attorney’s business and litigation roles for a client increasingly important for transactional attorneys, in-house counsel, and litigators alike. Several federal circuits have taken very different (and seemingly inconsistent) views regarding whether certain types of duties routinely performed by in-house counsel or transactional attorneys can qualify for work product protection. This course is a resource for in-house counsel and transactional attornies involved in the business affairs of a company or client, this course will provide the framework for undertaking the necessary analysis of whether communications could become discoverable if subsequent litigation commences involving the subject of in-house interactions. For litigators, this course provides an overview of the analysis that must be utilized to try to either protect, or pierce, the work product limited immunity for a client during discovery.