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Confidentiality, Privilege and other Ethics Issues after the Merger: What to Do When You're in Post-Acquisition Dispute Litigation

Program Number: 2809 Presenter: Jasmine Coo, Michael Thompson, Esq.

**** CD's are pre-order only and not available until after the program date - Online is not available until after the program date **** Mergers, acquisitions, and asset sales raise a number of ethical issues, including who controls the confidentiality and privilege after the deal closes. These questions become that much more important when the buyer and seller are embroiled in litigation after the deal, at which time shared confidentiality and privileges and use of such information as evidence can pose complicated and expensive challenges for all parties involved. On top of these considerations, lawyers must abide by additional rules concerning, e.g., loyalty to clients. In this program, Michael Thompson and Jasmine Coo review the legal and ethical authorities concerning attorneys’ confidentiality, privilege and other ethical obligations (including ABA Model Rules 1.6 (Confidentiality of Information), 1.9 (Duties to Former Clients), 2.1 (Advisor), 3.7 (Lawyer as Witness) and ABA Informal Op. 857 (Attorney as Witness); discuss such

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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.

**** CD's are pre-order only and not available until after the program date - Online is not available until after the program date **** 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

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Confidentiality and Privilege: Ethics for In-House and Deal Lawyers

Program Number: 2803 Presenter: Jasmine Coo, Michael Thompson, Esq.

**** CD's are pre-order only and not available until after the program date - Online is not available until after the program date **** Confidentiality and other ethical obligations, as well as the attorney-client privilege and other privileges, are a part of everyday life for a litigator. Transactional and in-house attorneys, however, often advise their clients on business and legal matters. As a result, it can be difficult to know which communications and documents are confidential, privileged and/or subject to other ethical considerations. In this program, litigators Michael Thompson and Jasmine Coo review key legal and ethical authorities governing confidentiality, privilege, and other ethical obligations (including ABA Model Rules 1.6 (Confidentiality of Information), 2.1 (Advisor), and 5.1 – 5.3 (Responsibilities of a Partner or Supervisory Lawyer, Responsibilities of a Subordinate Lawyer; Responsibilities Regarding Nonlawyer Assistance), and ABA Formal Ethics Opinions 95-390 (Conflicts of Interest in the Corporate Family Context), and 98-410 (Lawyer Serving as Direct of

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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)

**** CD's are pre-order only and not available until after the program date - Online is not available until after the program date **** 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

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Direct Examination: Allowing Witnesses to Tell Their Stories at Trial

Program Number: 2748 Presenter: Michael H. Ginsberg, Esq., Thomas Jackson, Esq. - Partner, Jones Day

Tom Jackson and Mike Ginsberg discuss techniques for presenting the direct examination of percipient and expert witnesses to maximize the persuasiveness of that testimony with the fact finder. Topics include the form of the questions, various questioning techniques, alternative organization structures, and use of exhibits and demonstratives.

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Ethical Considerations for Lawyers Involved in Estate Planning and Asset Protection

Program Number: 2746 Presenter: Edward D. Brown, Esq., GreenspoonMarder, PA, Carl G. Stevens

Attorneys who assist clients with their asset protection and estate planning needs must be careful to comply with what is ethical to avoid facing potential ethics complaints, not to mention possible criminal liability. Join Edward D. Brown, Esq. and Carl G. Stevens, Esq. for this detailed analysis of potential ethical issues in the asset protection and estate planning contexts, including: when is asset protection planning ethical and when does it cross the line into the unethical; properly screening the client; identifying voidable transactions; when can the attorney be targeted as a co-conspirator with a client engaging in fraudulent transfers; can the attorney be liable for not advising the client as to the full range of asset protection strategies; and who is the client. Specific attention is placed on the ABA Model Rules of Professional Conduct that include Rule 1.2(d) (fraudulent conduct), Rule 1.3 (the diligent representation of the client), Rule 1.6 (the

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Remedies in Trademark Infringement Litigation

Program Number: 2741IP Presenter: Anthony F. Lo Cicero, Esq.

When planning litigation for trademark infringement, attorneys should consider the nature of the remedies available, legal and equitable. These remedies, if obtained, will often determine success or failure in the eyes of the client. Anthony Lo Cicero of Amster, Rothstein & Ebenstein LLP explains the ways to obtain available remedies, preliminary and permanent injunctive relief, destruction of merchandise, awards of actual and statutory damages, disgorgement of profits and more.

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How Does Employment Practices Liability Insurance Affect Your Employment Cases? What In-House and Outside Lawyers and Litigators Should Know

Program Number: 2740 Presenter: Ann Kotlarski, Esq., Judicate West

Good news: you were just retained to handle an employment dispute. You soon learn the employer has employment practices liability insurance (EPLI). How does EPLI impact the way that you evaluate, litigate, mediate, and try employment cases? Ann Kotlarski, a former successful employment and business/commercial trial lawyer, and currently a mediator and arbitrator, describes the ins and outs of handling EPLI covered claims, provides practical pointers, and addresses the legal issues that arise from the inception to the conclusion of an insured employment case.

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Ethics and Cybersecurity: A Lawyer’s Professional Obligations under New ABA Formal Opinion 477R, Opinion 99-413, and the ABA Model Rules

Program Number: 2739 Presenter: David A. Zetoony, Esq.

In addition to complying with data security statutes and regulations, lawyers must comply with ethical obligations under the rules of professional conduct to protect their clients’ privacy and security. In this program, David Zetoony covers the attorney’s ethical considerations including requirements under ABA Model Rule 1.1, Model Rule 1.6(c), new ABA Formal Opinion 477R, Securing Communication of Protected Client Information, and its previous ABA Formal Opinion 99-413, Protecting the Confidentiality of Unencrypted E-Mail (1999).

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Depositions for Discovery and Trial: An Advanced Look

Program Number: 2734 Presenter: Michael H. Ginsberg, Esq., Thomas Jackson, Esq. Retired

Tom Jackson and Mike Ginsberg discuss preparing for and taking depositions for the dual purpose of discovery and preparing for trial. The focus is on the different parts of the deposition, including fact gathering, fact development, exhaustion of the witness' knowledge, and theory testing, and special attention is given to the form and precision of the questioning so as to lock in the witness' testimony for summary judgment motions and trial impeachment, if necessary. Topics covered also include: depositions of experts, and the differences between the deposition of an expert and the deposition of a percipient witness or company representative, and depositions of corporate representatives pursuant to Federal Rule of Civil Procedure 30(b)(6) and state equivalents. An essential program for any attorney involved in litigation, discovery and/or trial practice.

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