CLE
Ian Comisky
Ian Comisky Fox Rothschild LLP
Bryan Skarlatos
Bryan Skarlatos Kostelanetz LLP
Attorney Client Privilege Update Identity, Crime Fraud and the Attorney As Whistleblower
Recording Available Soon
Attorney Client Privilege Update: Identity, Crime Fraud and the Attorney As Whistleblower

In an evolving legal environment marked by heightened enforcement and regulatory scrutiny, the foundational doctrines of attorney-client privilege and work product protection continue to face significant challenges. Attorneys Ian M. Comisky of Fox Rothschild LLP and Bryan C. Skarlatos of Kostelanetz LLP explore critical developments, including enforcement actions that probe client identities, expanding interpretations of the crime-fraud exception, and new judicial and ethical pressures on privilege claims. This session offers a circuit-by-circuit analysis of how privilege and protection are being defined and contested, including search warrants targeting privileged records, as well as the ethical and professional responsibilities attorneys face when withdrawal, disclosure, or whistleblowing may be required. The program will also cover emerging issues relating to the use of artificial intelligence and the dangers to the attorney client privilege and work product protections. Ideal for litigators and in-house counsel alike, this program equips practitioners with practical guidance to navigate these complex issues and confidently safeguard client and firm interests.

Topics covered include:
Legal Ethics Artificial Intelligence (AI) Law Firm Management Law Practice Legal Tech
Agenda:
  • Overview
    • Overview of attorney-client privilege and its modern challenges
    • The increasing scrutiny on attorneys in regulatory and enforcement contexts
    • Framing privilege within today’s compliance and technology landscape

  • Basics of Attorney-Client Privilege & Work Product Doctrine
    • Core elements and requirements of attorney-client privilege
    • Key limitations, including business vs. legal advice distinctions
    • Work product doctrine: scope, purpose, and key differences from privilege
    • The Kovel doctrine and use of third-party professionals

  • Gatekeeper Initiative & FinCEN Residential Real Estate Rule
    • U.S. anti-corruption strategy and the “gatekeeper” concept
    • AML and KYC expectations for attorneys and other professionals
    • Overview of FinCEN’s Residential Real Estate Reporting Rule
    • Tension between reporting obligations and confidentiality duties

  • Attorney Ethics Rules & AI Considerations
    • Ethical duties of confidentiality vs. evidentiary privilege
    • ABA Model Rules developments and risk-based client assessment
    • “Willful blindness” and heightened due diligence expectations
    • AI-related risks: hallucinations, privilege waiver, and recent case law

  • Hypothetical 1: Kovel Privilege Under Scrutiny
    • Application of privilege to accountants and other third-party agents
    • Distinguishing legal advice from non-privileged services
    • Responding to summonses and subpoenas targeting third-party communications

  • Hypothetical 2: Client Identity & Disclosure Obligations
    • Limits of privilege in protecting client identity
    • John Doe summons and compelled disclosures
    • Circuit splits and practical implications

  • Hypothetical 3: AI Use and Privilege Waiver
    • Whether use of AI tools waives privilege
    • Confidentiality concerns with third-party platforms
    • Emerging judicial treatment of AI-assisted communications

  • Conclusion
    • Key takeaways on privilege protection and risk management
    • Practical guidance for navigating evolving obligations

  • Q&A (As Time Permits)
Read More ›
Duration of this webinar: 60 minutes
Originally broadcast: June 11, 2026 9:00 AM PT
Recording Available Soon
Speakers
Ian Comisky
Ian Comisky Partner
Fox Rothschild LLP

Mr. Comisky is the Chair of International Compliance with the law firm of Fox Rothschild LLP. Mr. Comisky concentrates his practice in the areas of civil and criminal tax litigation, anti-money laundering compliance and complex corporate and commercial litigation. Mr. Comisky is the co-author of Tax Fraud and Evasion, which was reissued in December of 2023 and contains chapters dealing with money laundering, asset forfeiture, attorney client privilege and work product issues, as well as domestic and international compliance issues. Read More ›

Bryan Skarlatos
Bryan Skarlatos Partner
Kostelanetz LLP

For forty years, Bryan has focused his practice on civil and criminal tax matters and other white collar criminal investigations and prosecutions. Clients often hire him as an expert on tax standards, penalties, and procedures. Read More ›

Continuing Legal Education (CLE) Credits

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Alaska CLE

Status: Approved

Format: Live (Virtual), On-Demand

Credits: 1.00 Ethics

California CLE

Status: Approved

Format: Live (Virtual), On-Demand

Credits: 1.00 Legal Ethics

Hawaii CLE

Status: Approved

Format: Live (Virtual), On-Demand

Credits: 1.00 Ethics

Illinois CLE

Status: Approved

Format: On-Demand

Credits: 1.00 Professional Responsibility - Ethics / Civility / Professionalism / Sexual Harassment Prevention

Nebraska CLE

Status: Approved

Format: On-Demand

Credits: 1.00 Professional Responsibility

New Jersey CLE

Status: Approved

Format: Live (Virtual), On-Demand

Credits: 1.20 Ethics/Professionalism

North Carolina CLE

Status: Approved

Format: On-Demand

Credits: 1.00 Ethics

Ohio CLE

Status: Approved

Format: On-Demand

Credits: 1.00 Attorney Professional Conduct

Pennsylvania CLE

Status: Approved

Format: On-Demand

Credits: 1.00 Ethics, Professionalism, or Substance Abuse

South Carolina CLE

Status: Approved

Format: Live (Virtual), On-Demand

Credits: 1.00 Legal Ethics/Professional Responsibility

Difficulty: All Levels

Texas CLE

Status: Pending

Format: On-Demand

Credits: TBD

Utah CLE

Status: Approved

Format: On-Demand

Credits: 1.00 Ethics

Vermont CLE

Status: Approved

Format: Live (Virtual), On-Demand

Credits: 1.00 Ethics


This presentation is approved for one hour of Ethics CLE credit in Alaska, one hour of Legal Ethics CLE credit in California, one hour of Ethics CLE credit in Hawaii, one hour of Professional Responsibility - Ethics / Civility / Professionalism / Sexual Harassment Prevention CLE credit in Illinois, one hour of Professional Responsibility CLE credit in Nebraska, one hour of Ethics CLE credit in North Carolina, one hour of Attorney Professional Conduct CLE credit in Ohio, one hour of Ethics, Professionalism, or Substance Abuse CLE credit in Pennsylvania, one hour of Legal Ethics/Professional Responsibility CLE credit in South Carolina (all levels), one hour of Ethics CLE credit in Utah, and one hour of Ethics CLE credit in Vermont. This program has been approved by the Board on Continuing Legal Education of the Supreme Court of New Jersey for 1.20 hours of total CLE credit. Of these, 1.20 qualify as total hours of credit for Ethics/Professionalism. An application for accreditation of this activity has been submitted to the MCLE Committee of the State Bar of Texas and is pending.
This presentation is approved for one hour of Legal Ethics CLE credit in California from 2026-07-01 to 2028-06-30.

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Note that CLE credit, including partial credit, cannot be earned outside of the relevant accreditation period. To earn credit for a course, a lawyer must watch the entire course within the relevant accreditation period. Lawyers who have viewed a presentation multiple times may not be able to claim credit in their jurisdiction more than once. Justia reserves the right, at its discretion, to grant an attendee partial or no credit, in accordance with viewing duration and other methods of verifying course completion.

At this time, Justia only offers CLE courses officially accredited in certain states. Lawyers may generate a generic attendance certificate to self-submit credit in their own jurisdiction, but Justia does not guarantee that lawyers will receive their desired CLE credit through the self-submission or reciprocity process.

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