Monday, June 6, 2016 | 6 pm – 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
Live Program: $229 Member | $329 Nonmember
In-House Counsel: $179 Member | $279 Nonmember* New York residents will be charged the New York sales tax for all audio visual purchases.
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James L. Bernard
Stroock & Stroock & Lavan LLPCatherine M. Foti
Morvillo Abramowitz Grand Iason & Anello PCCassandra Knight
Morgan StanleyBarry R. Temkin
Mound Cotton Wollan & Greengrass -
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
- Outside counsel – the Law Firm Privilege
- Email Encryption
8:10 pm – 8:50 pm
The SEC Whistleblower Program
- How Does the Program Work?
- How Does it Compare to Other Whistleblower Programs (FCA, IRS)?
- Does it Provide Real Protection to Whistleblowers?
- Can Employers Protect Themselves from “Whistleblowers?”
- What are the Ethical Implications for Attorneys Who “Blow the Whistle”?
8:50 pm – 9:00 pm
Questions & Answers -
NY: 3.0 ethics
NJ: 3.2 professional responsibility
CA: 3.0 professional responsibility
PA: 2.5 professional responsibility -
Click Here to View our Catalog for On-Demand Programs
Click Here to View our Catalog for CDs, DVDs, and Materials
* New York residents will be charged the New York sales tax for all audio visual purchases.
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Sponsorship Opportunities are Available! Please Contact:
Maricela Alfonso| Membership and CLE Relations Associate| (212) 382-6608 | MAlfonso@nycbar.org
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