Arizona Chapter

Ethics: Security Breaches--Avoiding Ethical Pitfalls


Sponsored By:


Blanco Restaurant
Biltmore Fashion Park
2502 East Camelback Road
Phoenix AZ 85016


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In our presentation, we will discuss steps that companies should take to comply with cybersecurity- related regulatory requirements, investigate and mitigate an attack, and prepare to defend inevitable post-attack litigation. The presentation will include hypothetical situations that illustrate common problems that arise when conducting internal investigations and dealing with cybersecurity issues. Further, we will review the changing landscape of attorney-client privilege in internal investigations and provide an update on developments in the area of cybersecurity. With companies under increasing pressure to investigate and self-report allegations of wrongdoing, internal investigations are becoming more common. We will review recent decisions and best practices for conducting internal investigations in a way that makes best use of the attorney-client privilege. We will highlight key decisions to be made at the beginning of any investigation, common pitfalls that could result in the disclosure of privileged information, and best practices for interviewing witnesses and presenting the results of the investigation to a variety of audiences.


Joe Adams, Barb Dawson & James Melendres

Joe Adams represents clients in complex business disputes and internal investigations. He regularly handles litigation in federal and state court involving securities and shareholder matters, intellectual property disputes and employee benefits issues.  Joe handles business cases involving securities, class actions, shareholder derivative actions, fiduciary duty and other commercial matters relating to corporations and shareholders. He has conducted numerous internal investigations for corporations and boards of directors, including issues related to corporate governance, financial restatements and whistleblower issues. He also helps clients resolve issues with federal and state regulatory agencies on a confidential basis.

Barb Dawson co-chairs the firm's Commercial Litigation Practice Group and its International Practice Group. She also serves on the firm’s elected Executive Committee. Barb’s practice concentrates on assisting Fortune 500 businesses and boards of directors with internal investigations, complex litigation and regulatory compliance. She has experience helping companies when legal challenges arise from government action, shareholder, consumer and whistle-blower claims, and other circumstances involving conflict and crisis management.

James Melendres is co-chair of the Privacy, Data Protection, and Cybersecurity practice and co-chair of the White Collar Defense and Investigations practice. He focuses on cybersecurity incident preparation and emergency response, related regulatory compliance and civil litigation as well as white collar criminal defense and government investigations. Drawing on his extensive experience as a former federal prosecutor, James also focuses his private practice on representing companies in high stakes civil litigation and advising clients on crisis and risk management.


Credits: 1.0 hour
State: Arizona
Category: Ethics


Members: $20
Non-members: $25

Sponsored By:

Snell & Wilmer, the 2016 - 2017 Platinum-Ethics Presentation Sponsor

Fronteo, a 2016-2017 Palo Verde Sponsor

Teris, a 2016-2017 Palo Verde Sponsor

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