Attorney-Client Privilege in Global Disputes: How Canadian In House Counsel Can Safeguard Secrets in Cross-Border Litigation

1 minute read | June.20.2024

Like their colleagues in the United States and Europe, in-house counsel in Canada rely on attorney-client privilege to guide their company and protect communications with senior leaders in high-stakes litigation.

When those disputes involve parties in the U.S. or EU, Canadian in-house counsel must navigate privilege rules that vary place to place – and even inadvertent missteps can bring devastating consequences.

In a new article in Law360, Orrick’s Tim Carroll explores similarities and differences in privilege and privilege waiver in Canada, the U.S. and EU. He offers 10 ways in-house counsel in Canada can preserve privileged information and mitigate risk in global disputes.

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Authors

Tim Carroll Partner, U.S. International Trade Commission, Trade Secrets Litigation

Chicago

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D:+1 312 924 9891
E: [email protected]

Practice:

U.S. International Trade Commission
Trade Secrets Litigation
Complex Litigation & Dispute Resolution
Intellectual Property
Patents
Trademark, Copyright & Media
Life Sciences

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Tim Carroll Partner

Chicago

Tim focuses his practice on cutting-edge technologies, including mobile apps, location-based services, messaging systems, medical devices, content-management platforms, Wi-Fi-enabled thermostats, and green technologies. Whether serving as lead trial counsel before the International Trade Commission (ITC), successfully arguing before the Federal Circuit Court of Appeals, or obtaining an outright win on liability grounds in the fabled Western District of Texas, he has secured scores of victories for his clients.

Tim first-chairs all of his cases, securing trial wins and preliminary injunctions, forcing adversaries to stipulate to noninfringement, winning summary judgment awards, prevailing in claim-construction arguments, and securing substantial attorneys' fee awards. He routinely leads joint defense groups involving some of the largest and most sophisticated companies and law firms in the country. His national high-stakes practice, aggressive but fair approach, exceptional advocacy skills, and impressive win-loss record have all contributed to the strong rapport he has built with clients and colleagues.

Tim has successfully litigated dozens of trade secret disputes involving military weaponry and defense systems, aerospace products, and financial technologies, and has extensive experience in inter partes reviews (IPRs) and other post-grant proceedings. Tim maintains a thorough understanding of the search and archiving platforms used by modern corporations, enabling him to provide counsel to more than 100 global businesses, including two Fortune 15 companies, on adopting and implementing lawful complaint information management programs and e-discovery and litigation readiness initiatives.