Ted Rogers Quoted in The Hedge Fund Law Report on Use of the Kovel PrivilegeOctober 20, 2016
On October 20, The Hedge Fund Law Report quoted Mr. Rogers in part one of a three-part article titled “Attorney-Consultant Privilege? Key Considerations for Fund Managers When Utilizing, Invoking and Waiving the Kovel Privilege for Consultants.” This first part of the article covered the requirements of the Kovel privilege, or the expansion by fund managers of the attorney-client privilege to include consultants, as well as how fund managers should decide whether to invoke or waive the privilege when interacting with the U.S. Securities and Exchange Commission. Mr. Rogers discussed this selective waiver doctrine, explaining that, while the SEC has been willing to agree to confidentiality in order to obtain documents under the doctrine on a case-by-case basis, it is not clear whether use of the doctrine will ultimately guarantee confidentiality. “Courts are all over the place on this issue, and the national trend arguably may be against courts upholding the doctrine,” Mr. Rogers said.