Originally held on Wednesday, June 17, 2020 | 4:00 pm – 6:00 pm
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.
$69 for Members | $169 for Nonmembers
Members who are Recent Law Graduates, Newly Admitted Lawyers (admitted for the first time in any state or country 2018-2020), In-House/Corporate Counsel, Judges, or attorneys that practice within the Government, Academic or Not-for-Profit sectors attend this program for free.
Adrienne K. Eason-Wheatley
Managing Counsel, The Bank of New York Mellon
Sanford Heisler Sharp, LLP
4:00 p.m. – 4:10 p.m.
Introduction & Overview of Hypothetical
4:10 p.m. – 4:30 p.m.
o Ethics of Negotiating Dispute Settlements
o Hard Bargaining vs. Extortion: where is the line?
o Recent case law involving accused lawyers
4:30 p.m. – 4:50 p.m.
o Settlement agreement: What does the board and the auditors need to know about the matter?
o Document destruction in the settlement context
o Use of Non-Disclosure Agreements, including in sexual harassment cases
o Duty of General Counsel to investigate settling claims
4:50 p.m. – 5:05 p.m.
o Attorney-client privilege in the in-house context
o How do courts view communications that involve both business and legal advice?
o Privilege in connection with compliance investigations
5:05 p.m. – 5:25 p.m.
o Is surreptitious taping by a lawyer ethical?
o Interstate taping issues
o What limits exist on an employer’s right to access documents contained on an employee’s company-issued personal device?
5:25 p.m. – 5:40 p.m.
o Considerations in retaining outside counsel to assist in an investigation
o When can/should a lawyer interview an employee without recommending counsel for the employee?
o How should a lawyer respond when an employee asks whether they need counsel?
o What can/should a company do when an employee refuses to cooperate?
o Consequences to the employee of lying in an internal inquiry
5:40 p.m. – 5:50 p.m.
o What happens when the company refuses to take steps the lawyer believes necessary?
o Can a lawyer seeking ethics or legal advice about their obligations disclose confidential company information to his or her own counsel?
o Under what circumstances can an in-house lawyer disclose confidential information to defend herself against charges of wrongdoing?
o Can the lawyer “go public” with confidential information that she believes is of critical importance to the public?
o Can an in-house lawyer rely on confidential information to state a claim for wrongful discharge?
5:50 p.m. – 6:00 p.m.
Question / Answer Session
New York: 2.0 Ethics
New Jersey: 2.4 Professional Responsibility
California: 2.0 Professional Responsibility
Pennsylvania: 2.0 Professional Responsibility
Connecticut: Available to Licensed Attorneys
Please Note: Newly admitted NY attorneys cannot fulfill ethics or skills credits through our on-demand programs under OCA rules. For more information on this, please see http://www.nycourts.gov/attorneys/cle/changes_for_2016.shtml.
Sponsorship Opportunities are Available! Please Contact:
Angie Avila, Manager, Membership Outreach and Sponsorships | (212) 382-6608 | firstname.lastname@example.org