Current Ethical Issues for In-House Counsel &
Those Who Advise Them:
Litigation Perspectives

Wednesday, June 13 2018 | 6:00 pm – 9:00 pm

Program Co-Chairs:

Robert J. Anello

Robert J. Anello
Morvillo Abramowitz Grand Iason & Anello PC

Ronald C. Minkoff

Ronald C. Minkoff
Frankfurt Kurnit Klein & Selz PC

  • This ethics program is designed especially for in-house counsel and outside counsel advising their in-house clients.  Using a stimulating series of hypotheticals based on real-life experience, a panel of experts will review a variety of important professional responsibility issues that affect corporate counsel on a daily basis.

    Topics to be discussed include:

    • Understanding the “Corporate Miranda” warnings
    • Special problems representing employees in internal investigations
    • Advance conflict waivers & other problems with retainer agreements
    • Attorney-client privilege issues within corporate families & outside law firms
    • Disclosure of privileged materials – inadvertent & purloined
    • The SEC Whistleblower program –   the legal & ethical implications
    • Fee Disputes with Outside Counsel


    Live Program & Webcast:
     $229.00 Member | $329.00 Nonmember
    In-House Counsel: $179.00 Member | $279.00 Nonmember

  • Cynthia B. Adams
    Managing Director, Litigation, Regulatory & Employment Legal
    Jefferies LLC
    Catherine M. Foti
    Principal
    Morvillo Abramowitz Grand Iason & Anello PC
    John B. Harris
    Frankfurt Kurnit Klein & Selz PC
    Barry R. Temkin
    Mound Cotton Wollan & Greengrass LLP

  • 6:00 pm – 6:10 pm Introduction & Overview of Hypothetical
    6:10 pm – 6:25 pm The Yates Memorandum — Overview
    Overview of Yates Memorandum and Its Impact
    6:25 pm – 7:00 pm Commencing the Investigation

    • Whom Do You Represent in the Investigation?
    • Corporate Miranda Warnings
    • Ethical implications
    • Corporate Indemnification Policies
    • The Internal Investigation Report
    • Disclosure obligations to auditors
    7:00 pm – 7:25 pm Retaining Outside Counsel

    • Problems with Retainer Agreements
    • Advance Conflict Waivers (and other Waivers)
    • Joint Representation
    • Retaining Outside Investigators
    • Representing the Company and the Employees
    • Outside Counsel Guidelines
    7:25 pm – 7:35 pm Break
    7:35 pm – 8:10 pm Attorney-Client Privilege Waiver Issues

    • Corporate Families, Mergers and Acquisitions – Who owns the privilege?
    • Cross-Border Privilege Issues
    • Email encryption
    8:10 pm – 8:50 pm Special Privilege Issues

    • Business vs. Legal Advice
    • The Law-Firm In-house Privilege
    • The Common Interest Privilege – How Far Does It Extend?
    • What are the ethical implications for attorneys who “blow the whistle”?
    8:50 pm – 9:00 pm Question & Answer Session

  • CLE Credit
    NY: 3.0 ethics
    NJ: 3.4 professional responsibility
    CA: 3.0 professional responsibility
    PA: 2.5 professional responsibility

  • Sponsoring Association Committees:
    In-House Counsel | Darryl W. Gibbs, Chair
    In-House/Outside Litigation Counsel Group | Anthony John Bosco & Louis A. Craco, Jr., Co-Chairs
    Professional Ethics | Bruce A. Green, Chair
    Professional Responsibility | Wallace L. Larson, Jr., Chair

    Sponsorship Opportunities are Available! Please Contact:
    Maricela Alfonso | Membership and CLE Relations Associate | (212) 382-6608 | MAlfonso@nycbar.org

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