Current Ethics for In-House Counsel & Those Who Advise Them: Litigation Perspectives

Originally held on Wednesday, June 12, 2019 | 6:00 p.m. – 9:00 p.m.

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Program Co-Chairs:

Catherine M. Foti
Morvillo Abramowitz Grand Iason & Anello PC

John B. Harris
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

    OnDemand: $179 for Members | $279 for Nonmembers

    Members who are Recent Law Graduates, Newly Admitted Lawyers (admitted for the first time in any state or country 2017-2019), In-House/Corporate Counsel, Judges (and their staff who are also members), or attorneys that practice within the Government, Academic or Not-for-Profit sectors attend this program for free.

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

    Barry R. Temkin
    Mound Cotton Wollan & Greengrass LLP

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  • 6:00 p.m. – 6:10 p.m. Introduction & Overview of Hypothetical
    6:10 p.m. – 6:25 p.m. Non-Disclosure Agreements ― Overview

    • What In-House Lawyers Need to Know
    6:25 p.m. – 6:50 p.m. Independence v. Duty of Loyalty

    • Who is the in-house lawyer’s client?
    • What precautions can/should an in-house lawyer take in a corporation dominated by one individual?
    • Can an in-house lawyer also represent affiliated entities such as family foundations?
    • What are an in-house lawyer’s obligations upon learning that senior corporate officers have engaged in possible misconduct?
    6:50 p.m. – 7:35 p.m. Special Issues Arising in Internal Investigations

    • In-house counsel’s role in investigating reports of misconduct by company personnel or third parties?
    • Can a lawyer gather evidence by surreptitiously searching an employee’s email or access an employee’s personal computer?
    • Can a lawyer secretly record conversations?
    • What issues arise about using outside investigators?
    • How to handle an alleged employee-whistleblower?
    • At what stage should an in-house lawyer issue a “document hold” notice?
    • How far should a company go to cooperate with a government investigation?
    7:35 p.m. – 7:45 p.m. Break
    7:45 p.m. – 8:00 p.m. Retaining Outside Counsel

    • What issues arise in retaining outside counsel?
    • What are common issues in retainer agreements?
    • Should inside counsel agree to advance conflict waivers and, if so, what can counsel do to protect themselves?
    • Should inside lawyers agree to arbitrate disputes between counsel and client? What about using Outside Counsel Guidelines?
    8:00 p.m. – 8:25 p.m. Attorney-Client Privilege Waiver Issues

    • Are compliance-related communications inside a corporation privileged?
    • Corporate families, mergers and acquisitions – Who owns the privilege?
    • How to distinguish between legal advice and corporate advice?
    • How far does the common interest privilege extend?
    • Are disclosures to auditors privileged?
    8:25 p.m. – 8:50 p.m. Special Privilege Issues

    • What are the ethical implications for attorneys who “blow the whistle”?
    • Can an in-house lawyer rely on confidential information to state a claim?
    8:50 p.m. – 9:00 p.m. Question and Answer Session

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  • CLE Credit
    New York:     3.0 Ethics
    New Jersey:     3.4 Professional Responsibilities
    California:     2.5 Professional Responsibilities
    Pennsylvania:     2.5 Professional Responsibilities

    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.

     

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  • Sponsoring Association Committees:
    In-House Counsel | Jack Lerner & Daniel K. Wiig, Co-Chairs
    In-House/Outside Litigation Counsel Group | Anthony John Bosco & Louis A. Craco, Jr., Co-Chairs
    Professional Ethics | Bruce A. Green, Chair
    Professional Responsibility | Wallace L. Carson, Jr., Chair

    Sponsorship Opportunities are Available! Please Contact:
    Angie Avila, Membership Outreach and Sponsorships Manager | (212) 382-6608 | aavila@nycbar.org

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