1:00PM – 2:00PM

1 ETHICS CLE

Ethical and Effective Mediations:  Pre-Suit and Virtual

This informative session, led by subject matter experts in the field, will address: 1) ethical and effective mediation strategies; 2) the benefits and challenges of pre-suit mediation; and 3) new ethical considerations and concerns in virtual mediations.  Join us, as we hear from Littler Office Managing Shareholder in Denver, Al McLaughlin, who brings to the table over thirty years of experience with hundreds of mediations; and Samuel Ardery of Bunger & Robertson, who has conducted over 4,000 mediations as a neutral.

Al McLaughlin, Office Managing Shareholder, Littler

Samuel Ardery of Bunger & Robertson

2:15PM - 3:15PM

1 ETHICS CLE

“Reel” Ethics for In-House Counsel managing Immigration and Employment issues

ISSUE 1: Is it True That No Good Deed Goes Unpunished? Model Rule 1.13 regarding duty to prevent illegality

ISSUE 2: The Pitfalls of Multiple Clients: Joint Representation Scenarios

ISSUE 3: In-house Counsel’s Duty to Preserve Confidential Information

Speakers

Ceridwen (Ceri) Koski, Shareholder, Ogletree Deakins
Mike Bell, Shareholder, Ogletree Deakins
Matthew M. Linton, Associate General Counsel, Operations, Lockheed Martin Space

3:30PM – 4:30PM

1 ETHICS CLE

Drafting & Negotiating Contracts - What’s the Ethics in That?  A View From the Deal Lawyer, Trial Lawyer, and In-House Lawyer

Drafting and negotiating effective contracts present ethical questions that are often difficult to answer by looking to the Rules of Professional Conduct alone. At times, negotiations require zealous advocacy, taking maximal positions versus the other party; at other times, they require delicacy and balance. Reviewing and drafting complex contracts are likewise an ethical minefield. For example, if you discover that the contract draft contains materially incorrect assumptions about the law that will benefit your client, do you have the duty to disclose or correct the error? In the same way, how do you effectively—and ethically—negotiate contracts between a parent and subsidiary? When it comes to contract negotiations and drafting, it can be challenging to apply the Rules to the tasks of the in-house lawyer.

The open discussion led by a Shook corporate services attorney, a Shook trial attorney, and two CO ACC Member in-house counsel will offer a real world guide to the ethics of negotiating, drafting, and reviewing contracts to minimize gaps between what was intended in the boardroom and what ends up being litigated in the courtroom. The panel will discuss these topics as raised in several vignettes and invite the audience to join in the discussion.

Panel Members Include: 

Sam Shapiro, General Counsel, PyxisAi, LLC

Rose Stella, General Counsel, Jetti Resources

Sandy Hawley, Partner, Corporate Services, Shook, Hardy & Bacon

Kirk Ingebretsen, Partner, Business Litigation, Shook Hardy & Bacon 

The panel will be hosted and moderated by Elisabeth Hutchinson, Associate, Shook, Hardy & Bacon.

4:30PM 

YOGA

Unwind & Energize – mindfulness practice and seated stretches for your long Zoom days, with CiCi Cheng (Wheeler Trigg O’Donnell LLP, and certified yoga instructor).

A quick 15 minutes of effective exercises to carry with you through the pandemic aimed to refresh and keep you sharp.

1:00PM – 2:00PM

1 ETHICS CLE
 

Client-Drafted Engagement Letters and Corporate Outside Counsel Policies:  Ethical Quandaries and Unintended Consequences

Corporations and large non-profits seek to standardize the terms of their engagements with outside counsel via client-drafted engagement letters and outside counsel policies.  But the terms of these policies may raise ethical issues for both in-house and outside counsel and have potential negative consequences for both lawyers and clients.  This presentation will explore the ethical and other issues raised by these engagement terms. 

Stephen Masciocchi, Partner, Holland & Hart

2:15PM - 3:15PM

1 ETHICS CLE

Ethical Issue Spotting for Your Enterprise Innovation

As all enterprises encounter intellectual property issues with their innovation, our panel will examine a series of real-world hypotheticals and uncover the ethical dilemmas. We will explore strategies and best practices to help you spot issues before it is too late. Take away informative considerations that will prove useful across a variety of industries.

Tom Franklin, Partner, Kilpatrick Townsend

Dion Messer, Intellectual Property Counsel, Netskope

3:30PM – 4:30PM

1 ETHICS CLE
 

Whistleblowers and Internal Investigations: Establishing and Maintaining Privilege and Avoiding Other Ethical Pitfalls

For many in-house counsel, dealing with whistleblower complaints and other internal investigations into potential employee misconduct can be an stress-inducing experience no matter how many times the company has been through the process.  The fact is, companies and their employees face real legal, financial, and operational risks if they do not stage and conduct sensitive internal investigations with a clear understanding of the ethical implications of their actions (and inaction). This is particularly true given the current environment of heightened scrutiny from regulators, enforcement agencies, investors, and other stakeholders.

This presentation will cover the following topics/issues:

• When and how to establish legal privilege over an internal investigation (including where assistance is needed from outside vendors);
• How to properly scope an investigation (and identify the actual client);
• The hazards of joint representations and providing company counsel to employees;
• Data privacy restrictions and their implications on the data collection and review process;
• “Upjohn advisements” and how to conduct an effective, yet ethical, interview;
• Rules governing dealing with whistleblowers; and
• Disclosure decisions, and avoiding privilege waiver during communications with the company’s outside auditors and other interested parties

In tandem with practical advice on these and other issues we will cover the key ethics rules, namely, ABA Model Rule of Professional Conduct 1.6 (confidentiality of information); 1.13 (organization as client); 4.2 (contact with represented parties); 4.3 (Dealing with Unrepresented Persons); and Rule 4.4 (respect for rights of third persons).

Speakers:

T. Markus Funk, Ph.D., Partner and Chair of the White Collar & Investigations Practice, Perkins Coie LLP

Chelsea Curfman, Partner, Perkins Coie LLP

4:30PM 

YOGA

Energize & Flow – vinyasa-style yoga session to twist out any tightness and keep you nimble, with CiCi Cheng (Wheeler Trigg O’Donnell LLP, and certified yoga instructor).

Have a yoga mat or open floor space nearby to end the two-day CLE program by clearing out any stale energy in a 30-minute flow.