AttorneysEd Center

The Federal Rules of Civil Procedure, and most state rules, require public filing of most pleadings, motions and other litigation-related documents. What happens, however, when some part of such filings contain confidential information? Popular presenter Steve Bennett, a partner at Jones Day, addresses the ethical problems that can arise, the rules that may apply, and practical solutions to avoid or mitigate the problems. Topics include: • Background of the problem: this could happen to you • Pertinent rules / cases • Ethical issues • Best practices • Resources

If your practice involves the representation of companies with operations in the European Union, you won’t want to miss this important program by Vanessa Edwards, a partner in the London office of K&L Gates LLP. Our presenter covers recent EU developments in ethics and hot topics in antirust law, including: • Legal Professional Privilege: Akzo Nobel v. Commission (Court of Justice of the EU’s expected September 2010 judgment concerning the extent of legal professional privilege). This important judgment will settle the question of whether communications between a company and its in-house legal advisers is covered by privilege in the context of an EU antitrust investigation. • New Draft Horizontal Guidelines: In May 2010 the Commission published draft guidelines applicable to horizontal co-operation agreements to update the Commission's original guidelines that were adopted in 2000. The draft guidelines present an analytical framework that is intended to assist businesses in self-assessing the compatibility of

From the identification of goods in trademark prosecution, to the citation of prior art during patent prosecution, to conducting discovery in litigated maters, courts are continually refining and redefining the ethical obligations imposed on Intellectual Property practitioners. Join us as Anthony F. Lo Cicero of Amster, Rothstein & Ebenstein LLP analyzes recent developments in the law and offers practical advice in complying with ethical requirements in the IP world.

Protecting attorney-client and work product privileges is a critical aspect of using consultants as experts in litigation and at trial. Join popular presenter Steve Bennett, a partner at Jones Day, for this important program on attorney ethics. Topics include: • Why this issue is important • Background on privilege and work product • How to maintain privilege and work product when working with consultants • Keys to protecting communications with in-house, outside and trial experts • Situations where work product of consulting experts is discoverable

In today’s world, in-house and outside counsel are often called upon to conduct investigations in the workplace. The topics run the gamut from sexual harassment to violations of the SEC rules to violations of conflict of interest or other policies. While the focus is often on getting to the “bottom of it”, finding the person to hold accountable and minimizing the risk of litigation, often overlooked are the various ethical issues that must be successfully navigated by attorneys who conduct these investigations. Join Louis DiLorenzo, the Chair of Bond, Schoeneck & King’s Labor and Employment and Employee Benefits Practice Group, as he discusses the ways to keep the investigation free of ethical issues. Topics include:  The lawyer’s duty to organizational constituents in the course of an investigation.  Restrictions on communications with represented and non-represented individuals.  Ethical and other pitfalls associated with certain investigative techniques (e.g., pretexting, tape

Join popular presenter Steve Bennett, a partner at Jones Day, as he discusses lawyer advertising in the wake of the Second Circuit’s new decision in Alexander v. Cahill. Topics covered in this Ethics program include: 1. Why regulate lawyer advertising? 2. The New York amendments to its professional responsibility rules 3. The Alexander v. Cahill decision: background and reasoning 4. What’s next? 5. Practical implications.

There are many ethical issues that present themselves to the asset protection planner. In this program, Barry Engel reviews a sample engagement letter, setting the stage for a discussion of who is actually the client (including factors to consider in determining whether to represent the individual client, whether to represent husband and wife jointly, or whether to represent the integrated estate planning trust); the potential for conflicts of interest among current clients and former clients and between spouses; the origin and evolution of the attorney-client privilege; and how adversary counsel in an emergency-measures situation may be able to access your “privileged” files. Mr. Engel also covers how the planner should act and react when served with a subpoena; the ethical duty of confidentiality and the purpose and scope of the work product doctrine in the litigation setting (including its elements, exceptions and potential waiver); and balancing the obligation to zealously

The recent explosion in demand for alternative fee arrangements in intellectual property cases has brought to the fore issues that had previously been unimportant. How does the lawyer square his obligations under both state and PTO rules of professional conduct with the economic realities of an alternative fee? Christopher May and Christina Ondrick of McDermott Will & Emery LLP examine some of the ethical problems and issues that can arise when attorneys agree to take an intellectual property case using contingency fee agreements, blended agreements, partial ownership of the patent, and others. NOTE to TX Attorneys: This course has been approved for Minimum Continuing Legal Education credit by the State Bar of Texas Committee on MCLE in the amount of 1 credit hours, of which 1 credit hour will apply to legal ethics/professional responsibility credit.

David Seide, Esq., a partner at Curtis, Mallet-Prevost, Colt & Mosle LLP, and the principal author of a report for the ABA recommending best practices for company counsel to follow when interviewing company employees as part of an internal investigation, and Gary Collins, Esq., the Managing Director and Director of Compliance at GE’s Energy Financial Service, Inc. and national Executive Director of the ABA’s White-Collar Crime Committee, discuss the ethical issues that confront counsel in such investigations, Topics include: • Why Organizations Conduct Internal Investigations • Cooperation with the Government • Upjohn (Corporate Miranda) Warnings Given to Employees • Problems Encountered when Interviewing Employees • The Broadcom Case and the Ethical Issues Identified • ABA Task Force Report on Best Practices to Follow • Common Issues and Suggested Responses when Interviewing Employees NOTE to TX Attorneys: This course has been approved for Minimum Continuing Legal Education credit by the State Bar of Texas Committee on MCLE

Join popular presenter Thomas Gorman, Esq., for this important analysis of the critical ethical and legal questions for counsel in SEC and DOJ investigations. Topics include: • an analysis of the current SEC and DOJ cooperation standards and related considerations such as indemnification and common interest agreements; • the legal and ethical issues raised by the application of the standards in practice, including waiver of attorney-client and work product privileges, questions about self-reporting, the impact on employees and their right to counsel and to decline to testify; and • possible solutions to these ethical dilemmas. NOTE to TX Attorneys: This course has been approved for Minimum Continuing Legal Education credit by the State Bar of Texas Committee on MCLE in the amount of 1 credit hours, of which 1 credit hour will apply to legal ethics/professional responsibility credit.