The Impact of Digital Age Innovations on the Attorney-Client Privilege


When: Wednesday, March 19, 2014 | 1-2 PM EST | Presented by ACEDS

The Impact of Digital Age Innovations on the Attorney-Client Privilege

ACEDS-Logo-HiRes-smTechnological innovations are posing a flurry of thorny considerations for the attorney-client privilege. Always narrowly construed, the zone of privilege protection is shrinking as technologies provide unexpected visibility into the confidential exchanges between clients and lawyers. Unless appropriate safeguards are taken, the use of email, social networks, cloud computing, and “bring your own device” policies could jeopardize enterprise privilege claims. In this ACEDS webcast, Judge James Francis, Gil Keteltas, and Philip Favro will:

  • Identify technology factors that can compromise privilege,
  • Assess the consequences of these factors, and,
  • Provide best practices to prevent unauthorized disclosure of privileged information.

As confidentiality erodes, what can be done to assure the defensibility of privilege claims? This webcast gives you the answers.


gil_k_webGil Keteltas | Partner | Baker Hostetler | Washington, DC
Gil Keteltas is a trial lawyer with more than 20 years of experience litigating complex commercial, tort, and government enforcement disputes. Gil has extensive experience in the courtroom and has served on the trial and defense teams of two of the largest government enforcement actions in history. As lead trial counsel, Gil won an unprecedented trial verdict demonstrating that the California Air Resources Board unconstitutionally impaired contracts of the world’s leading diesel engine manufacturers. His national trial practice benefits from his experience in electronic discovery. Gil serves as national Co-chair of the firm’s E-Discovery Advocacy and Management team. Not simply an e-discovery consultant, Gil is an advocate who commands the discovery process in the trenches of significant litigation, informed of the burdens, risks, and strategic opportunities associated with electronically stored information. He is editor of, and a regular contributor to, BakerHostetler’s Discovery Advocate blog.

judge_francis_webHon. James C. Francis, IV | US Magistrate Judge | US District Court, Southern District of New York | New York City
Judge Francis has been a US Magistrate Judge in the Southern District of New York since October 1985. He is also an adjunct professor at Fordham University School of Law. After his graduation from law school, Judge Francis clerked for the Hon. Robert L. Carter in the Southern District of New York. Judge Francis then joined the Civil Appeals and Law Reform Unit of the Legal Aid Society where he served as Director of the Disability Rights Unit. Judge Francis is the author of several articles that deal with electronic data and the law.

phil_favro_webPhilip Favro | Senior Discovery Counsel | Recommind | Alpine, Utah 
Philip Favro brings over fourteen years of expertise to his position as Senior Discovery Counsel for Recommind, Inc. Phil is an industry thought leader, a global enterprise consultant, and a legal scholar on issues such as eDiscovery, information governance, and data protection. Phil’s expertise has been enhanced by his practice experience as a business litigation attorney in which he advised a variety of clients regarding complex discovery issues. Phil is a member of the Utah and California bars. He is an active member of the American Bar Association and also contributes to Working Groups 1 and 6 of The Sedona Conference. Phil also serves as a Judge Pro Tempore for the Santa Clara County Superior Court based in Santa Clara, California.

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