2020 Ethics Marathon

September 30, 2020
3:00 PM - 8:00 PM
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Paley Center for Media
25 West 52 Street
New York, NY 10019
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OVERVIEW

Please be advised that the Annual Ethics Marathon has been rescheduled to September 30th. Agenda is subject to change.

 

 

AGENDA

3:00 PM - 3:40 PM / Registration & Introductory Remarks


3:40 PM - 4:30 PM / Session 1: Current Ethical Issues in Internal and Government Investigations

This presentation will provide relevant, user friendly takeaways for in-house counsel who do not necessarily deal in white collar/regulatory work on a daily basis. We will address topics including:

  • The recent Pennsylvania Supreme Court ruling reprimanding Penn State’s former GC.

  • Ethical implications from Judge McMahon’s ruling last year in the Deutsche Bank criminal case. For example, is the standard “Upjohn” warning sufficient when the company has affirmatively decided to cooperate with the government?

  • The recent NYC bar opinion on pool counsel.

  • Implications of DOJ’s FCPA Corporate Enforcement Policy for in-house counsel.

  • For example, to obtain cooperation credit, the policy requires “the disclosure of overseas documents”? How does this square with an entity’s obligations under the GDPR or a foreign “blocking” statute?

  • Similarly, the policy requires that the company has “appropriate guidance and controls on the use of personal communications and ephemeral messaging platforms.” In light of this, what should corporate counsel be doing with respect to employees’ use of personal texts or messaging apps to communicate in (or about) the workplace?

Speaker:

Brendan Quigley, Partner, Baker Botts L.L.P.

Presented by Baker Botts

4:30 PM - 4:40 PM / Break

4:40 PM - 5:30 PM / Session 2: Attorney-Client Privilege:  What In -House Counsel Need to Know

In this CLE presentation, Dechert partner, Christopher Ruhland, discusses the attorney-client privilege specifically as it relates to in-house lawyers and their clients.  Mr. Ruhland examines the most common myths about the in-house attorney-client privilege, ethical issues, and best practices for maintaining the privilege in challenging situations.

Topics include:

  • When and why do courts deny privilege claims because the lawyer was in-house rather than outside counsel?

  • Which corporate employees can have privileged conversations with in-house counsel, and which ones can impede privilege claims?

  • What kinds of communications between in-house lawyers and their clients are protected by the privilege, and how can in-house lawyers manage the risk that their communications will be disclosed in litigation?

Speaker:

Christopher Ruhland, Partner, Dechert LLP

Presented by Dechert

5:30 PM - 5:40 PM / Break

5:40 PM - 6:30 PM / Session 3: Strategic, Practical and Ethical Considerations in Conducting #MeToo Investigations

This CLE program examines the rise in workplace harassment claims from the #MeToo movement and will highlight ethical obligations, including those under Rule 8.4(g). The presenters will also discuss prevention and early identification of workplace misconduct and practical and strategic considerations specific to conducting a #MeToo investigation.

Speakers:

Anne Cortina Perry, Partner, Investigations, Compliance and Defense, Jenner & Block LLP

Alison Stein, Partner, Content, Media and Entertainment, Jenner & Block LLP

Presented by Jenner & Block

6:30 PM - 8:00 PM / Networking Reception

 

CLE

Credits: 3 | State: NY | Category: Ethics | Suitable for non-transitional (experienced) attorneys

 

SPONSORS


 

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PHOTOGRAPHY POLICY

Your registration and attendance at this event indicates your consent to be filmed and/ or photographed and to the use of your image, without payment of any kind, for use in program(s) and for other promotional/ editorial activities of the Association of Corporate Counsel - New York City Chapter (ACC-NYC) for future use in any and all media, now known or hereafter created.