Paley Center for Media
25 West 52 Street
New York, NY 10019
Overview (Program Summary)
POSTPONED – NEW DATE TBA
Join us April 21st for the Annual Ethics Marathon and hear three dynamic panels dedicated to ethics and receive 3 CLE credits!
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?
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.
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?
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.
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