Cross-border privilege issues

A panel of WG6 brainstorming group members will lead a dialogue with all attendees on the outline on the topic. Jurisdictions around the world have disparate standards for recognizing the scope of attorney-client privilege, attorney work product and common interest (joint defense) protection, and potentially other doctrines for protecting attorney-related material from disclosure in legal proceedings. These differences create challenges for parties, courts and regulators in cross-border proceedings where one jurisdiction recognizes a privilege that another jurisdiction does not. The brainstorming group has been evaluating whether the legal community would benefit from guidance from WG6 on the nature of cross-border privilege conflicts and best practices for addressing the aforementioned challenges.