On April 16 at 1:00 PM EST, Francesca Giannoni_Crystal will discuss how U.S. courts approach privilege choice-of-law in cross-border and international contexts, focusing on the fragmentation among competing frameworks: lex fori, Restatement (Second) § 139, “center of gravity,” “touch base,” law of the decision, and comity-based approaches.
The session will also address how globalization and delocalized legal practice amplify privilege risks, particularly where U.S. ACP intersects with foreign concepts such as professional privilege. She will focus on practical methods to structure communications and anticipate waiver and disclosure risks in cross-border matters. The session will close by considering whether a simplified, modified lex fori approach ( guided by Occam’s Razor) may offer a more coherent path forward in identifying the governing privilege rule, while noting that, in the meantime, lawyers should anticipate privilege issues early, for example, by structuring communications clearly as legal advice, limiting circulation, and considering how those communications may be treated in a different jurisdiction.
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The session will also address how globalization and delocalized legal practice amplify privilege risks, particularly where U.S. ACP intersects with foreign concepts such as professional privilege. She will focus on practical methods to structure communications and anticipate waiver and disclosure risks in cross-border matters. The session