Originally held on Wednesday, October 4, 2023 | 2:00 pm – 5:00 pm
Frank Wohl
Lankler, Siffert & Wohl, LLP
Jillian B. Berman
Lankler, Siffert & Wohl, LLP
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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 that arise in connection with joint defense agreements, including ethical obligations and confliction arising from such agreements; ethics and pitfalls surrounding the use of artificial intelligence; the crime-fraud exception; and obligations to ensure and preserve client confidentiality, including scenarios arising from cyber incidents..
Program Fee:
$229 For Members | $329 For Nonmembers -
Richard F. Albert
Morvillo Abramowitz Grand Iason & Anello PCProfessor Bruce A. Green
Fordham University School of LawRandall Jackson
Wachtell, Lipton, Rosen & KatzSharon McCarthy
Kostelanetz LLPKaren P. Seymour
Sullivan & Cromwell LLPNegar Tekeei
Assistant United States Attorney
U.S. Attorney’s Office, SDNY -
2:00 pm – 2:10 pm
Introduction & Hypothetical
Frank H. Wohl/Jillian B. Berman2:10 pm – 2:30 pm
Part I – Crime Fraud Exception to Privilege
Prof. Bruce Green, Sharon McCarthy, Negar Tekeii- Procedure for Compelling Subpoena Compliance Under Crime Fraud
- A Lawyer’s Ethical Obligation to a Client to Oppose/Resist Disclosure
- Can the Lawyer Continue to Represent the Client
2:30 pm – 2:50 pm
Part II – Conflicts Arising from Joint Defense/Common Interest Agreements
Richard F. Albert, Randall Jackson, Karen P. Seymour- Ethical Duties to Non-Clients
- Protecting Client Confidences within a Common Interest
- Becoming an Attorney-in-Fact
2:50 pm – 3:10 pm
Part III – Ethical Obligations in the Wake of Data and Security Breaches
Prof. Bruce Green, Karen P. Seymour, Negar Tekeii- Obligations to Clients Following a Cyber Breach
- Is Client Identity Privileged and/or Confidential
- How to Respond to a Data Breach
3:10pm – 3:25pm
Break3:25 pm – 3:55 pm
Part IV – Who Is (or Should Be) Your Client?
Richard F. Albert, Prof. Bruce Green, Randall Jackson, Sharon McCarthy, Karen P. Seymour- Who to Report to: How to Structure an Engagement
- Challenges When Clients Are Involved in Underlying Facts
- Common Interest or Privilege Waiver?
- Conflicts Arising from Communications with Prospective Clients
3:55 pm – 4:15 pm
Part V – Artificial Intelligence
Richard F. Albert, Randall Jackson, Negar Tekeii- Providing Competent Representation in the Face of Evolving Technology
- Communicating with Clients About the Use of Artificial Intelligence
- Protecting Client Confidences and Privilege While Using Artificial Intelligence
4:15 pm – 4:30 pm
Part VI – Preparing (or Coaching?) Witnesses
Prof. Bruce Green, Sharon McCarthy, Karen P. Seymour
- Ethics Surrounding Preparing Clients for Interviews and Testimony
- Ethics and Conflicts Related to Third-Party Payors
4:30 pm – 4:45 pm
Ethics Wrap-Up
Prof. Bruce A. Green4:45 pm – 5:00 pm
Questions and Answers -
New York: 3.0 Ethics
New Jersey: 3.0 Professional Responsibility
California: 2.5 Professional Responsibility
Pennsylvania: 2.5 Professional Responsibility -
Sponsoring Association Committee
White Collar Crime, Jenna Dabbs, ChairSponsorship Opportunities are Available! Please Contact:
Yelena Balashchenko, Manager, Business Development & Sponsorships | (212) 382-6608 | ybalashchenko@nycbar.org