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Negotiation And Settlement Of Disputes: Ethical Issues for All Attorneys

Program Number: 2807 Presenter: Steven C. Bennett, Esq., Park Jensen Bennett LLP

Ethics issues abound in the negotiation and settlement of disputes, and can lead to the undoing of agreements, disciplinary charges and even claims of malpractice. In this program for all attorneys, Steve Bennett addresses practical issues in negotiation and settlement, such as the basic question: “who is the client?”, questions of “puffery” in negotiation, bad faith, threats, and other questionable behaviors, and the ethical issues that arise therefrom. Model Rules discussed include: Rule 1.2: Duty of consultation Rule 1.4: Duty to keep client informed Rule 4.1: False statements Rule 8.4: Dishonesty Ethics opinions discussed include: ABA Opinion 06-329 ABCNY Formal Op. 2017-3 Florida Bar v. Rodriguez, 959 So.2d 150 (Fla. 2007) In re J.T. Thorpe, Inc. (Mandelbrot v. J.T. Thorpe Settlement Trust), No. 15-56430 (9th Cir. 2017)

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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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Not #metoo: Sexual Harassment and How to Prevent Being the Latest Headline

Program Number: 2805 Presenter: Donald L. Samuels, Esq.

The headlines have been full of claims of sexual harassment and sexual assault. In this time of heightened interest and scrutiny regarding this topic, Don Samuels discusses what is sexual harassment and sexual assault; who is responsible for it; what are the legal liabilities and the costs, both economic and non-economic; and best practices for recognizing, addressing and preventing sexual harassment. A must program for all attorneys, particularly in-house counsel and litigators, about the legal issues surrounding sexual harassment and misconduct in the workplace.

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How to Investigate #metoo Claims: A Nuts and Bolts Guide for In-House Employment and Corporate Counsel

Program Number: 2804 Presenter: Ann Kotlarski, Esq., Judicate West

Sexual harassment and sexual misconduct in the workplace are high profile issues for all attorneys and conducting prompt and thorough investigations into a “#metoo” claim is essential. Join Ann Kotlarski, who provides a nuts and bolts discussion for conducting proper investigations that can convince a jury (and your client’s other employees) that you have done the right thing, including: determining what to investigate; formulating an investigation plan; conducting interviews; assessing witness credibility; documenting the process; making recommendations; remediating wrongdoing; minimizing the likelihood of retaliation claims and avoiding similar claims in the future.

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

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

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 Client Corporation) with a focus on the many hats that in-house and transactional lawyers wear; give you the tools to decipher what

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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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2017 Post-Acquisition Dispute Round-Up

Program Number: 2750 Presenter: Jasmine Coo, Michael Thompson, Esq.

The best away to learn how to avoid pitfalls after a merger, acquisition, or asset sale is to analyze which disputes have arisen recently. Michael Thompson and Jasmine Coo discuss the big ticket post-acquisition disputes that arose in 2017 and offer tips on how you can avoid them.

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Key Legal Issues in the Internet of Things

Program Number: 2749IP Presenter: Brian A. Jones, Esq., Amol Parikh, Esq.

Internet of Things (IoT), including artificial intelligence and robotics, have now entered the mainstream social narrative. However, the proliferation of this exciting and transformative technology raises a wide range of legal issues. This presentation focuses on the key legal issues surrounding the Internet of Things, including data ownership and privacy, security, intellectual property, and product liability, as well as ethical implications of the use of such technology.

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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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Blockchain Technology and Digital Currencies: Key Legal Issues for the Financial Industry

Program Number: 2747 Presenter: David Andrew Kern, Esq., Mark W. Rasmussen, Esq.

Business of all sizes, from start-ups to Fortune 500 companies, are quickly seeing the benefits of Blockchain technology and digital currencies and are putting them to use. This is especially true for companies in the financial sector which are deploying these technologies to help with everything from capital raising to securities trading to asset tracking. At the same time, lawmakers and regulators have their eyes on the benefits and risks associated with these emerging technologies and are adopting new laws and regulatory guidance both to facilitate their use and to protect the public. Join Mark Rasmussen and David Kern as they explain the fundamentals of Blockchain technology and digital currencies, describe how they are being utilized in the financial industry, and discuss key legal issues for all companies.

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