Individual Viewer

Current Ethical Issues for In-House Counsel & Those Who Advise Them

Length: 2 hours 40 minutes

This ethics program is designed especially for in-house counsel and outside counsel advising their in-house clients.  Using a stimulating series of hypotheticals based on real-life experience, a panel of experts will review a variety of important professional responsibility issues that affect corporate counsel on a daily basis.  

Topics to be discussed include:
•    Understanding the “Corporate Miranda” warnings
•    Special problems representing employees in internal investigations
•    Advance conflict waivers & other problems with retainer agreements
•    Attorney-client privilege issues within corporate families & outside law firms
•    Disclosure of privileged materials – inadvertent & purloined
•    The SEC Whistleblower program –   the legal & ethical implications


6:00-6:10 Introduction & Preliminary Remarks

6:10-6:45 Hypothetical One: The SEC Whistleblower Program
How does the program work?
Does it provide real protection to whistleblowers?
When is an internal investigation obligatory?
Can employers protect themselves from “whistleblowers?”

6:45-7:20 Hypothetical Two: Internal Investigations
Retaining Outside Investigators
Whom Do You Represent in the Investigation?
Disclosure obligations to auditors
Document Preservation and Obstruction
Corporate Miranda Warnings
Corporate Indemnification Policies
Cross-Border Privilege Issues

7:20-7:40 Break

7:40-8:15 Hypothetical Three: Retaining Outside Counsel
Representing the Company and the Employees
Communication with Employees
Employee Cooperation
Ethical Implications

8:15-8:50 Hypothetical Four: Attorney-Client Privilege and Ethical Issues
What are the ethical implications for attorneys who “blow the whistle”?
Waiver Issues
Who owns the privilege?
Joint Representation
Problems with Retainer Agreements
Advance Conflict Waivers (and other Waivers)
The Internal Investigation Report
Waiver of the privilege

8:50-9:00 Questions & Answers

Program Co-chairs: Cathy Foti, Morvillo Abramowitz Grand Iason & Anello P.C. & Ronald Minkoff, Frankfurt Kurnit Klein & Selz PC

CLE credit: NY: 3.0 ethics, NJ: 3.2 professional responsibility; and CA & PA: 2.5 professional responsibility

Original Recording Date: 6/1/2015

Produced By:

New York City Bar Association

Course Materials

  • *Current Ethical Issues for In-House Counsel & Those Who Advise Them
  • Affirmation of Self-Study