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How Women Lawyers Can Help to Eliminate Bias, Improve Diversity and Inclusion, and Advance their Legal Careers Despite the Presence of Gender Bias

Program Number: 2834 Presenter: Alton (Al) B. Harris, Esq. (2018), Andrea S. Kramer, Esq. (2018)

**** CD's are pre-order only and not available until after the program date - Online is not available until after the program date **** Andie Kramer, partner at McDermott Will & Emery, and Alton B. Harris, partner at Nixon Peabody LLP, discuss the nature and extent of the achievement disparity between female and male lawyers, and why and how gender stereotypes and the biases that flow from them cause this disparity by preventing women from advancing in their legal careers as far and as fast as men. They then provide women with specific insights and communication techniques they can use to avoid or overcome these often subtle and unconscious gender biases. The program includes a discussion of the relevance of ABA’s Model Rule 8.4(g) and ABA Resolution 302.

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What Male Lawyers Can Do to Eliminate Gender Bias and Inappropriate Sexual Conduct in the #MeToo and #TimesUp Era

Program Number: 2815 Presenter: Alton (Al) B. Harris, Esq. (2018), Andrea S. Kramer, Esq.

Andie Kramer, partner at McDermott Will & Emery, and Alton B. Harris, partner at Nixon Peabody LLP, discuss how male lawyers can eliminate gender discrimination and increase gender diversity in the legal profession. Topics include: discussion of the lack of diversity at senior levels in the legal profession and its gender achievement gap; identification of the biases and stereotypes that cause the gender achievement gap and the culture it fosters that can lead to actual and potential sexual harassment and misconduct; a review of the ABA Mission Statement, ABA Model Rule 8.4(g), and Resolution 302 of the ABA House of Delegates (February 2018); and suggested practical, effective steps men and the legal organizations they control can take to increase diversity and avoid inappropriate sexual conduct in the #MeToo and #TimesUp era.

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Ethical Conundrums in Cross-Border Corporate Investigations

Program Number: 2806 Presenter: Robert J. Anello, Esq., Benjamin S. Fischer, Esq., Kostya Lantsman, Esq.

In the ever-expanding field of corporate investigations, some of the thorniest issues arise not only at home, but also abroad. Partners Robert J. Anello and Benjamin S. Fischer and associate Kostya Lantsman of New York litigation boutique and white collar law firm, Morvillo Abramowitz Grand Iason & Anello P.C., discuss recent developments in cross-border corporate investigations and the ethical conundrums posed to in-house and outside counsel. Topics covered include the limits of prosecutors’ ability to rely on foreign compelled testimony, the limits for electronic surveillance and searches in the U.S. and abroad, and the complexities presented by the differences in recognition of the corporate attorney-client privilege particularly as it relates to in-house counsel across various jurisdictions. ABA Model Rules and other ethical authorities related to these issues and covered in the program include: Rule 1.1 Competence; Rule 1.7 Conflict Of Interest: Current Clients; Rule 1.13 Organization As Client; Rule 2.1 Advisor; Rule 4.1 Truthfulness

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Ending the Discriminatory Consequences of Age Bias in the Legal Profession

Program Number: 2802 Presenter: Alton (Al) B. Harris, Esq. (2018), Andrea S. Kramer, Esq. (2018)

In this timely and important program, Andrea S. Kramer and Alton B. Harris explain the nature and operation of age stereotypes, those about both younger and older lawyers, which result in discriminatory biases against persons at both ends of the age spectrum. They convincingly explain why it is so important for legal organizations to combat age discrimination and then present a series of effective, practical practices, policies, and techniques that legal organizations can use to eliminate age bias and improve generational harmony. They also review the Age Discrimination in Employment Act of 1967, the status of litigation under this Act, and the likely impact of ABA Model Rule 8.4(g) on age discrimination. Topics include: the nature and operation of age stereotypes and the biases that flow from them; how these age biases limit career opportunities for both older and younger lawyers; recognizing how gender stereotypes interact with age stereotypes to particularly

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Representing the Client under the Common Interest or Joint Defense Privilege: How Attorneys Should Meet their Ethical Obligations

Program Number: 2731 Presenter: Evan P. Singer, Esq., Arielle S. Tobin, Esq.

The common interest privilege, also known as the joint defense privilege, the allied litigant doctrine, the pooled information privilege, and others, generally allows “persons who have common interests to coordinate their positions without destroying the privileged status of their communications with their lawyers.” Restatement (Third) of the Law Governing Lawyers § 76 cmt. b. In this program, Jones Day partner Evan P. Singer and associate Arielle Tobin: (1) discuss the source and history of the common interest privilege, (2) define the elements required to establish the privilege; and (3) address the ethical issues confronting attorneys, including maintaining the confidentiality of client communications, avoidance of conflicts and not acting adversely to the client’s interest. ABA Model Rules covered include 1.6, 1.7(b)(4), and 1.13. Ethics opinions covered include District of Columbia Ethics Opinion 349 and ABA Opinion 95-395. Cases include Hanover Insurance Company v. Rapo & Jepsen Insurance Services (Massachusetts), Jedwab v. MGM Grand Hotels, Inc. and Zirn v. VLI

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Trends in New York Attorney General Enforcement: Important Developments for All Corporate and White Collar Attorneys

Program Number: 2651 Presenter: Harold K. Gordon, Esq., Lisa M. Ledbetter, Esq.

As the pace of New York Attorney General (AG) enforcement actions continues to accelerate, what are the trends so far and what patterns are emerging for 2016 and beyond? In this program for all corporate and white collar attorneys and litigators with clients having any business activities in NY, our panelists discuss key enforcement actions against financial, retail and manufacturing businesses located in NY and elsewhere, highlighting the unique authority of the NY AG and its regulatory cousin, the NY Department of Financial Services, and offering practical tips for counsel responding to the such enforcement actions.

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