Originally held on Tuesday, June 6, 2017 | 6-9 pm
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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
DVDs & CDs: $229 Member | $329Nonmember
On-Demand: $179 Member| $279 Nonmember
Materials Only (No CLE Credit): $99 Member | $129 Nonmember* New York residents will be charged the New York sales tax for all audio visual purchases.
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Cynthia Adams
Managing Director, Legal & Compliance
Jefferies LLCJames L. Bernard
Stroock & Stroock & Lavan, LLP -
6 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 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 auditors7 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 Guidelines7:25 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 encryption8:10 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 pm Question & Answer Session -
This program provides 3.0 credits in ethics for the New York & New Jersey MCLE requirements. California & Pennsylvania credit differs as it is based on a 60-minute credit hour. The live program provided transitional credit to newly admitted attorneys; the recording does not provide transitional credit.
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Sponsoring Association Committee:
In-House Counsel, Darryl W. Gibbs, Chair
In-House/Outside Litigation Counsel Group, Anthony John Bosco, Beth L. Kaufman, Louis A. Craco, Jr., Co-Chairs
Professional Ethics, Bruce A. Green, Chair
Professional Responsibility, Meredith S. Heller, ChairSponsorship Opportunities are Available! Please Contact:
Maricela Alfonso| Membership and CLE Relations Associate| (212) 382-6608 | MAlfonso@nycbar.org
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