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

Monday, June 6, 2016 | 6 pm – 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

    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.

  • James L. Bernard
    Stroock & Stroock & Lavan LLP

    Catherine M. Foti
    Morvillo Abramowitz Grand Iason & Anello PC

    Cassandra Knight
    Morgan Stanley

    Barry 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.

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