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

Monday, June 1, 2015 | 6:00 p.m. – 9:00 p.m.

Cathy Foti

Cathy Foti
Morvillo Abramowitz Grand Iason & Anello P.C.

Ronald Minkoff

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

  • Cynthia B. Adams
    Managing Director, Litigation, Regulatory & Employment Legal
    Jefferies LLC

    Barry R. Temkin
    Mound Cotton Wollan & Greengrass LLP

  • 6:00-6:10 Introduction & Overview of Hypothetical
    6:10-6:45 Internal Investigations
    – Whom Do You Represent in the Investigation?
    – Corporate Miranda Warnings
    – Ethical implications
    – Corporate Indemnification Policies
    – The Internal Investigation Report
    – Disclosure obligations to auditors

    Retaining Outside Counsel

    – Problems with Retainer Agreements
    – Advance Conflict Waivers (and other Waivers)
    – Joint Representation
    – Retaining Outside Investigators
    – Representing the Company and the Employees

    7:25-7:35 Break
    7:35-8:10 Attorney-Client Privilege Waiver Issues

    – Corporate families, mergers and acquisitions – who owns the privilege?
    – Cross-border privilege issues
    – Outside counsel – the law firm privilege


    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”?

    8:50-9:00          Questions & Answers

  • New York: 3.0 Ethics
    New Jersey: 3.2 Professional Responsibility
    California: 3.0 Professional Responsibility
    Pennsylvania: 2.5 Professional Responsibility

  • Sponsorship Opportunities are Available! Please Contact:
    Ann Rappleye, Director, City Bar Center for CLE | (212) 382-6606 | or
    Darianne De Leon, Program & Sponsorship Coordinator, City Bar Center for CLE | (212) 382-6731 |