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

Originally held on Tuesday, June 6, 2017 | 6-9 pm

 

Program Co-Chair
Robert J. Anello

Morvillo Abramowitz Grand Iason & Anello P.C.

Ronald Minkoff Frankfurt Kurnit Klein & Selz PC

Program Co-Chair
Ronald 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

    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.

  • Cynthia Adams
    Managing Director, Legal & Compliance
    Jefferies LLC

    James 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 Impact
    6:25 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 auditors
    7 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 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.

  • 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, Chair

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