AttorneysEd Center

Michael Kasdan provides an overview of Section 337 Actions before the ITC, including initiating actions with the ITC complaint, discovery, motion practice and summary determination motions, the role of OUII /staff counsel and remedies and resolution. In addition, the program focuses on key recent developments in ITC jurisprudence, including the satisfaction of the domestic industry requirement by non-practicing entities and the availability of exclusion orders on essential patents for which FRAND commitments have been made.

Commencing patent infringement suits against an alleged infringer in more than one jurisdiction may provide a patentee with major strategic advantages. However, a successful global patent litigation campaign requires complex strategic planning that takes into account the differences between key jurisdictions in timing, procedure and substantive patent law. Anthony Lo Cicero of Amster, Rothstein & Ebenstein LLP analyzes and explains these strategic issues and provides global patent litigation case studies.

Jean Pawlow and Kevin Spencer, McDermott Will & Emery LLP, discuss the ethical pitfalls that can confront tax practitioners, and how such pitfalls can be avoided. Topics covered: • Errors on tax returns (including amended returns) • Errors made during IRS examination and appeals • Disclosing information to the IRS • Disclosure of privileged information and waiver • Paying fact witnesses during litigation • Spoliation and duty to preserve evidence • Candor before a tribunal and the IRS • Backdating of documents • Levels of tax opinions Specific Ethics Rules and other authorities discussed are ABA Model Rules and Opinions, Circular 230, AICPA Rules, Internal Revenue Code and Treasury Regulations, and case law, including U.S. Supreme Court decisions.

The DOJ and the SEC have issued their new guidance on the FCPA after more than a year-long wait. The new 100-page plus booklet, which contains chapters and sections on virtually every key topic from jurisdiction to who is a foreign official to compliance, was written in the wake of comments by the OCED suggesting that additional guidance be given to the market place. At the same time business groups were clamoring for reform, claiming, among other things, that a procedures defense should be added to the statute, that the definition of foreign official needed to be clarified, and that the issue of successor liability needed to be addressed. Congress held repeated hearings and draft legislation was introduced. But now that the guidance has arrived, along with a virtual blizzard of comment, is there really anything new and/or important? Join Tom Gorman as he addresses the key issues, including

As in other areas of the law, asset protection attorneys can learn important lessons and sharpen their planning skills by knowing and understanding the results of prior cases. Join Barry Engel as he provides an in-depth review and discussion of: the more important reported cases involving litigation challenges to asset protection trusts (as well as some unreported cases and settled cases); and the process of “protective measures” or “emergency measures” available to trustees of asset protection trusts when trust assets are faced with a threat.

Witnesses need guidance to help them understand the process of testimony and become aware of the essential issues in a case, but how far can an attorney ethically take the preparation process? Steve Bennett of Jones Day examines some of the common problems involved in witness preparation, including: protection of privilege, candor toward the tribunal, and "coaching." Ethics Rules covered include Model Rules of Professional Responsibility 3.3(a)(4) (duty to tribunal to avoid offering false evidence) and 3.4(b) (duty to avoid assisting a witness in testifying falsely).

Ed Fishman of K&L Gates highlights ethical issues that must be considered by internal and external counsel when conducting internal corporate investigations. The importance of conducting internal corporate investigations continues to increase as a result of U.S. government enforcement initiatives (including Sarbanes-Oxley and the Dodd Frank Act) and civil litigation trends. Companies can obtain very significant benefits by properly and effectively conducting an internal investigation. However, investigative counsel must be aware of common ethical challenges that may arise when conducting such investigations. The topics covered in this program include conflict of interest issues (including the potential hazards of joint representation under Model Rule 1.13(g)), attorney-client privilege issues (including the importance of providing an "Upjohn" warning and the consequences of privilege waiver), cooperation credit and remediation considerations (under the U.S. Sentencing Guidelines, the DOJ Principles on Federal Prosecution of Business Organizations and the SEC Seaboard Report), and data

Tom Mason of Zuckerman Spaeder discusses when a lawyer must withdraw from a representation and when a lawyer may withdraw from a representation under the ABA Model Rules (e.g., ABA Model Rules 1.16, 1.2, 1.8, 3.3) and various state Rules. Topics include: • how the ethics rules interact with court rules regarding the entry of a lawyer’s appearance and the withdrawal of that appearance; • the steps a lawyer must or should take with respect to files, client property and client funds after withdrawal; and • the steps a lawyer must or should take with respect to cooperation with successor counsel.

Jeffrey Fowler, a partner at O’Melveny & Myers LLP and one of the country’s few full-time e-discovery litigators, covers recent developments in the legal duty to preserve evidence, including proposed new amendments to the Federal Rules and recent sanctions cases. He also provides practical tips for how to plan, execute and defend an effective preservation strategy.

Tom Mason of Zuckerman Spaeder addresses the lawyer’s duty of confidentiality under the ABA Model Rules and various state Rules. Topics include: how and when the duty is triggered; when the obligation ends; what conduct is covered by the obligation of confidentiality; to whom the duty of confidentiality is owed and what type of information is covered; how the ethics rules governing confidentiality relate to the attorney-client privilege; and a review of those exceptions or instances where information covered by the confidentiality rules may be revealed. Our presenter covers scenarios where a lawyer reveals confidential information with client consent, to collect a fee, to address criminal or fraudulent conduct by the client, to comply with court order and other law, and to defend against allegations against the lawyer.