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

How to improve relationships and wellbeing by thinking more critically about drinking behavior: ethical and professional implications

Exploring the intersection of ethics, wellbeing, relationships and drinking behavior, this course is designed to educate lawyers about ethical issues and implications linked to drinking behavior in the legal profession, in the practice of law, and/or in the administration of justice. Our culture of drinking and emerging trends of sobriety are examined through the lens and experience of featured speaker Chris Aburime, founder of Sober Theory, LLC, and author of You Don’t Need a Rock Bottom to Quit Drinking, Attorney at Law Magazine, May 2020 issue.

Led by Ingrid Serck-Hanssen, MBA, MS, LPCC and Marit Solheim-Witt, MA, co-founders of Alpha Element Institute, the second part of this course explores the link between stress, relationships and drinking behavior. Problematic drinking behavior is a signal of distress. According to the American Bar Association, the quality of our work and lives plummet when we ignore signs of distress. New research on the impact of stress and the conflicted mind on cognition has ethical and professional considerations as well as implications for relationships and well-being. Through case studies and activities Ingrid and Marit share practical self-leadership strategies for how to incorporate self-care techniques to effectively set boundaries, reduce stress and create joy in professional practice as well as personal life.

The hour-long presentation will be followed by small-group discussions.

Presenters:

• Ingrid Serck-Hanssen, Co-founder, Alpha Element Institute
• Marit Solheim-Witt, Co-founder, Alpha Element Institute
• Chris Aburime, President and Co-founder, Sober Theory

CLE credit (1 Ethics) is pending in Minnesota.

This CLE will provide a discussion regarding real life and litigation consequences stemming from company employees following poor email communication practices, as well as guidance as to how to avoid such missteps.  Focus also will be given to best practices for invoking and preserving attorney-client privilege within the Company, along with some cautionary instruction regarding the consequences of failing to follow proper authorized signature practices.