Ethical Considerations for Corporate Investigations: Views from All Sides

Wednesday, September 25, 2024 | 2:00 pm – 5:00 pm

Format: Webinar

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Program Chair:
Jillian Berman
Lankler Siffert & Wohl LLP

  • This annual update program will explore current issues and recent developments relating to ethical duties and responsibilities of attorneys in internal investigations involving corporations and other entities. These issues will be discussed from the point of view of company or entity counsel, counsel for current and former employees and counsel for government agencies. This year’s program will devote special attention to issues surrounding in-house lawyers as whistleblowers, the ethics of witness preparation, client confidentiality and posting to listservs, lawyers as witnesses, and obligations of lawyers upon learning that a client has provided false information in proceedings.

    Program Fee:
    $229 Member | $329 Nonmember

  • Richard F. Albert
    Morvillo Abramowitz Grand Iason & Anello PC

    Prof. Bruce A. Green
    Fordham University School of Law

    Daniel M. Gitner
    Chief, Criminal Division,
    U.S. Attorney’s Office for the Southern District of New York

    Randall W. Jackson
    Wachtell, Lipton, Rosen & Katz

    Joan Loughnane
    Sidley Austin LLP

    Karen P. Seymour
    Sullivan & Cromwell, LLP

  • 2:00 pm – 2:10 pm
    Introduction
    Jillian B. Berman

    2:10 pm – 2:30 pm
    Part I – Duties to Prospective Clients

    • Considerations and ethical issues surrounding prospective clients
    • Can a law firm represent a client whose interests are adverse to a prospective client
    • The Hot Potato Doctrine

    Richard F. Albert, Prof. Bruce A. Green, Karen Seymour

    2:30 pm – 2:50 pm
    Part II – The Ethics of Witness Preparation

    • When does preparation cross the line into impermissible coaching
    • How much information should counsel share with clients about other witness testimony
    • Counsel’s obligation to ensure client’s answers are comprehensive

    Daniel Gitner, Prof. Bruce A. Green, Randall Jackson

    2:50 pm – 3:10 pm
    Part III – In-House Attorney as Whistleblower

    • Ethical issues surrounding an in-house counsel turned whistleblower
    • Ethical issues implicated when an outside counsel becomes a whistleblower
    • Bounties to attorney whistleblowers under Dodd Frank
    • The intersection of whistleblower protections and a lawyer’s confidentiality obligations to clients

    Joan Loughnane, Randall Jackson, Karen Seymour

    3:10 pm – 3:25 pm
    Break

    3:25 pm – 3:45 pm
    Part VI – Lawyer’s Obligation Regarding a Client’s Provision of False

    • Ethical obligations where a client has provided false or incomplete testimony 

    Richard F. Albert, Daniel Gitner, Karen Seymour

    4:05 pm – 4:25 pm
    Part IV – The Ethics of Posting to a Listserv

    • Confidentiality and ethical implications surrounding posting to a listserv, or providing information concerning representations on social media or law firm websites

    Richard F. Albert, Prof. Bruce A. Green, Karen Seymour

    4:25 pm – 4:40 pm
    Part V – Lawyer/Law Firm as Witness

    • What are the ethical and confidentiality considerations when a lawyer is compelled to give testimony involving client work
    • How do the obligations vary if potential testimony is voluntary

    Richard F. Albert, Prof. Bruce A. Green, Joan Loughnane

    4:40 pm – 5:00 pm
    Ethics Wrap-Up/Questions and Answers

  • New York: 3.0 Ethics
    New Jersey: 3.0 Professional Responsibility
    California: 3.0 Professional Responsibility
    Pennsylvania: 2.5 Professional Responsibility
    Connecticut: Available to Licensed Attorneys

  • Sponsoring Association Committee:
    White Collar Crime,  Jenna Dabbs, Chair

    Sponsorship Opportunities are Available! Please Contact:
    Yelena Balashchenko, Manager, Business Development & Sponsorships | (212) 382-6608 | ybalashchenko@nycbar.org

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