Wednesday, June 13 2018 | 6:00 pm – 9:00 pm
Program Co-Chairs: | |
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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 LLCCatherine M. Foti
Principal
Morvillo Abramowitz Grand Iason & Anello PCJohn B. Harris
Frankfurt Kurnit Klein & Selz PCBarry 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 Impact6:25 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., ChairSponsorship Opportunities are Available! Please Contact:
Maricela Alfonso | Membership and CLE Relations Associate | (212) 382-6608 | MAlfonso@nycbar.org______________________________________________________________