Ethical Considerations for Corporate Investigations: Views From All Sides

Originally held on Thursday, October 4, 2018 | 6:00 p.m. – 9:00 p.m.

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Program Chair:

Frank Wohl

Frank H. Wohl
Lankler Siffert & Wohl LLP

  • This annual update program will explore current issues and recent developments relating to ethical duties and responsibilities of attorneys and other participants in corporate internal investigations involving public companies and other entities. These issues will be discussed from the point of view of counsel for the entity, investigating counsel, counsel for individual executives and government representatives. The presentation will touch on a broad array of ethical issues, devoting special attention to current developments concerning prosecution and regulatory strategies, conflicts of interest, protection and waiver of the attorney-client privilege, counseling of employee witnesses, and issues raised by global investigations, involving multinational entities.

    OnDemand: $179 for Members | $279 for Nonmembers
    Members who are Recent Law Graduates, Newly Admitted Lawyers (earliest admission 2016-2018 in any state or country), Judges (and their staff), or attorneys that practice within the Government, Academic or Not-for-Profit sectors attend this program for free.

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  • Richard F. Albert
    Morvillo Abramowitz Grand Iason & Anello PC    		 Prof. Bruce A. Green
    Fordham University School of Law    		 Nancy L. Kestenbaum
    Covington & Burling LLP
    Joon H. Kim
    Cleary Gottlieb Steen & Hamilton LLP    		 Amy E. Millard
    Clayman & Rosenberg    		 Alexander Willscher
    Sullivan & Cromwell LLP
    Lisa Zornberg
    Assistant US Attorney

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  • 6:00 p.m. – 6:15 p.m. Introduction & Overview

    Frank H. Wohl
    6:15 p.m. – 6:35 p.m. Part I – Investigating Counsel 

    • Engaging Investigating Counsel
    • Responsibilities of Investigating Counsel

    Joon H. Kim 
    6:35 p.m. – 6:55 p.m. Part II – Outside Counsel for the Company 

    • Representation of Company Employees
    • Cross-Border Ethical Issues

    Nancy Kestenbaum
    6:55 p.m. – 7:15 p.m. Part III – Outside Counsel for the Company

    • Protecting Company Privileges
    • Joint Defense Agreements

    Alexander Willscher
    7:15 p.m. – 7:30 p.m. Break
    7:30 p.m. – 7:50 p.m. Part IV – Counsel for Individuals  

    • Representing Multiple Clients
    • Representing Foreign Clients

    Amy Millard
    7:50 p.m. – 8:10 p.m. Part V – Counsel for Individuals

    • Document Protection Issues
    • Protecting Individual Privileges

    Richard Albert
    8:10 p.m. – 8:30 p.m. Part VI – Counsel for the Government

    • Current Government Policies
    • Expectations of Investigating Counsel and Companies

    Lisa Zornberg
    8:30 p.m. – 8:45 p.m. Ethics Wrap-Up

    Prof. Bruce A. Green
    8:45 p.m. – 9:00 p.m. Questions and Answers

    Panel

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  • CLE Credit
    NY:     3.0 Ethics
    NJ:     3.3 Professional Responsibility
    CA:     2.5 Professional Responsibility
    PA:     2.5 Professional Responsibility

    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 Committee: White Collar Crime Committee | Michael S. Schachter, Chair

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

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