Wednesday, September 14, 2022 | 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 representations, including conflicts of interest; common interest agreements; privilege assertions; and data security issues.
Program Fee:
$229 For Members | $329 For Nonmembers -
Richard F. Albert
Morvillo Abramowitz Grand Iason & Anello PCProfessor Bruce A. Green
Fordham University School of LawAndrea Griswold
Chief Counsel to the U.S. Attorney, U.S. Attorney’s Office, SDNYJoan Loughnane
Sidley Austin LLPTai Park
Quinn Emanuel Urquhart & Sullivan, LLPKaren P. Seymour
Sullivan & Cromwell, LLP -
2:00 pm – 2:10 pm
Introduction
Frank H. Wohl, Jillian B. Berman2:10 pm – 2:30 pm
Part I – Joint Representation, Conflicts of Interest and Duties to Current and Former Clients- Conflicts of Interest
- Advance Waivers
- Duty of Loyalty to Current and Former Clients
- Fee Arrangements
Richard F. Albert, Tai Park, Karen Seymour
2:30 pm – 2:50 pm
Part II – Common Interest/Joint Defense Agreements- How Aligned Must Interests Be?
- What Information Can/Should be Shared
- How to Withdraw from a Common Interest Agreement
Andrea Griswold, Tai Park
2:50 pm – 3:10 pm
Part III – When Privilege Assertions Collide with the Sixth Amendment- Who Controls the Privilege
- Crime-Fraud
- Use of Taint Teams and Special Masters
Richard F. Albert, Andrea Griswold, Joan Loughnane
3:10 pm – 3:25 pm
Break3:25 pm – 3:45 pm
Part IV – Data Security and Breaches- Protecting Client Information
- Responding to Breaches
- Obtaining Client Consent
- Best Practices
Richard F. Albert, Tai Park, Karen Seymour
3:45 pm -4:05 pm
Part V – Aggressive Legal Advice- When Does Zealous Representation Cross the Line And Become Unethical?
- Risks of Over-Aggressive Privilege Assertions
Andrea Griswold, Joan M. Loughnane
4:05 pm – 4:25 pm
Part VI – Preservation and Spoliation
Joan Loughnane, Karen Seymour4:25 pm – 4:40 pm
Ethics Wrap-Up
Professor Bruce A. Green4:40 pm – 5:00 pm
Questions and Answers -
New York: 3.0 Ethics
New Jersey: 3.1 Professional Responsibility
California: 3.0 Professional Responsibility
Pennsylvania: 2.5 Professional Responsibility -
Sponsoring Association Committee
White Collar Crime, Marshall L. Miller, ChairSponsorship Opportunities are Available! Please Contact:
Yelena Balashchenko, Manager, Business Development & Sponsorships | (212) 382-6608 | ybalashchenko@nycbar.org