Join us for a Jepoardy-style CLE event that will test your knowledge of current ethical issues.

AGENDA:

• 1:30 p.m. to 2:30 p.m. - Duane Morris LLP

• 2:30 p.m. to 3:00 p.m. - BREAK

• 3:00 p.m. to 4:00 p.m. - CSC

Session I, Model Rule 8.4 and The Ethics of Diversity, Equity & Inclusion

The 2016 adoption of ABA Model Rule 8.4 was a watershed moment that represented the first effort to enshrine principles of diversity and equity into the rules of ethics that guide the legal profession. Join us for an extraordinarily comprehensive exegesis of the history and practical implications of ABA Model Rule 8.4, its status and adoption in jurisdictions around the country, and the ethical interface of the moral (do the right thing) and business case for D&I.

Session II, Tech Check, Ethics Check

Back by Popular Demand!  Join your fellow in-house counsel in discussing ethical considerations surrounding technology issues.  The panel will examine scenarios involving in-house counsel concerning technology contracts, compliance and other matters in our rapidly changing business and technology environments.

Register below.  The Zoom link to join the webinar is provided with your completed registration, and is also available on our web site under the event details.

After programming that examined the negotiation process, please join representative's from ACC Northeast and our law firm partners to deconstruct the negotiation process and take a critical look at ethics.  Our final session in this Negotiations series will provide participants with insight into the balance between achieving the best result for your company and conducting oneself ethically and within the boundaries of the Rules of Professional Conduct.

ACC Northeast Board Member, Gemma Dreher, VP & Senior Counsel at TD Bank, will lead the discussion and be joined by Paul McDonald of Bernstein Shur, Kyle Glover of Pierce Atwood and Jonathan Dunitz of Verrill. This interactive session will apply the rules to negotiation scenarios and provide examples of ethical negotiation behavior and what might be problematic.

Register below.  Dial-in information will be sent 24 hours prior to the event.

PROGRAM 

8:30 AM – Registration and continental breakfast for in-person attendees. Virtual attendees can join at 9 AM.

9AM – 10AM – Session 1

Avoiding Ethical Pitfalls and Trial and Error in Internal Investigations
This program provides a comprehensive look at best practices and techniques for effectively conducting domestic and trans-national internal investigations, including:

• Designing an appropriately scoped investigative process
• Assembling an investigative team & identifying the “right” client
• Handling allegations of misconduct involving executives or board members
• Addressing whistleblowers
• Keeping management, internal audit, outside auditors, and (as necessary) regulators and enforcers updated (without waiving privilege)
• Making the all-important disclosure & reporting decisions
• Other means of protecting – and unwittingly waiving/forfeiting - the attorney-client privilege

Speakers:
Markus Funk, Partner, Perkins Coie

Sonny Allison, Partner, Perkins Coie

10AM – 11AM – Session 2

Preserving Privilege through Common Interest Agreements

Common Interest Agreements permit the sharing of attorney-client privileged information and attorney work product between different entities where the entities share a common interest in prosecuting or defending a legal claim. This presentation discusses the benefits and risks associated with entering common interest agreements, how to ensure compliance with ethical rules, and provides strategies for maximizing protection using these agreements. We also will discuss recent case law updates on the enforceability of these agreements.

Speaker:
Justin Krieger, Partner, Kilpatrick Townsend
Ted Mayle, Senior Associate, Kilpatrick Townsend

11AM – 11:15AM – Break

11:15AM – 12:15PM – Session 3

Conflicts of Interest Involving Corporate Clients

This presentation will cover the major types of conflicts of interest involving corporate clients, including concurrent, former-client, special-situation, and imputed conflicts, in both litigation and transactional matters.  It will also discuss conflict waivers and the revocation of a previously given consent to a conflict.  Finally, the program will address standards for lawyer disqualification and practical considerations in determining whether to bring or resist a disqualification motion.

Speaker:
Stephen G. Masciocchi, Partner, Holland & Hart

12:15PM – 12:30PM – Lunch

**Virtual Attendees will have the opportunity to order lunch through PizzaTime with a choice of a salad, a burger, or a pizza. This will be an optional separate registration process emailed two weeks before the conference and at no charge.  

**In-person attendees will have lunch served to them in the meeting room.

12:30PM – 1:30PM – Lunch Session 4

Whoops! I Can’t Believe I Hit Send! Best Practices for Communications and the Use of Non-Disclosure Agreements in a Corporate Setting

This presentation covers the ethical considerations and potential consequences of the inadvertent disclosure of confidential information and the ethical considerations regarding the use of corporate non-disclosure agreements.

Speakers:
Thomas J. Krysa, Partner, Foley & Lardner LLP
Emily Weber, Partner, Foley & Lardner LLP
Christos Yatrakis, Vice President of Legal North America, Gymshark USA Inc.

1:30PM – 2:30PM – Session 5

Crisis Management When Things “Break Bad” 
What Can We Learn About Crisis Ethics from Saul Goodman and Walter White?

• Tired of boring crisis management seminars?   Tired of managing good cases that suddenly “break, bad?”
• The AMC show Breaking Bad is a master class on the good, bad and ugly lessons of crisis management for in-house counsel;
• Come hear how to handle sticky ethical dilemmas for companies mired in crisis from two crisis managers with a combined 40 years of experience.

Speakers:
Jennifer White, Corporate Counsel, Volkswagen of America, Inc.
Colin Kelly, Partner, Shook, Hardy & Bacon
 

2:30PM – 2:45PM – Break and Host Bar

2:45PM – 3:45PM – Session 6

Ethics Obligations for In-house Counsel in the Digital World

 Please join Littler Shareholders Jennifer Harpole and Laurie Rust as they review and apply the ABA Model Rules and court rulings to issues that in-house counsel are currently facing now that so much more of the daily interaction with outside counsel, opposing counsel and colleagues is occurring completely online. For example:

• How to continue to maintain and protect the attorney-client privilege with vendors and consultants
• What proactive steps should be taken to protect settlement payments in the digital world
• With their ubiquitous nature, are Google/Alexa-type devices hearing confidential communications

 Speakers:
Jennifer Harpole, Shareholder, Littler
Laurie Rust, Shareholder, Littler