Hilton Denver Inverness
200 Inverness Drive West, Englewood, CO 80112
Overview (Program Summary)
A program hosted by:
ACC Colorado
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PROGRAM
8:30 AM – Registration and continental breakfast for in-person attendees. Virtual attendees can join at 9 AM.
9AM – 10AM – Session 1
Avoiding Ethical Pitfalls and Trial and Error in Internal Investigations
This program provides a comprehensive look at best practices and techniques for effectively conducting domestic and trans-national internal investigations, including:
- Designing an appropriately scoped investigative process
- Assembling an investigative team & identifying the “right” client
- Handling allegations of misconduct involving executives or board members
- Addressing whistleblowers
- Keeping management, internal audit, outside auditors, and (as necessary) regulators and enforcers updated (without waiving privilege)
- Making the all-important disclosure & reporting decisions
- Other means of protecting – and unwittingly waiving/forfeiting - the attorney-client privilege
Speakers:
Markus Funk, Partner, Perkins Coie
Sonny Allison, Partner, Perkins Coie
10AM – 11AM – Session 2
Preserving Privilege through Common Interest Agreements
Common Interest Agreements permit the sharing of attorney-client privileged information and attorney work product between different entities where the entities share a common interest in prosecuting or defending a legal claim. This presentation discusses the benefits and risks associated with entering common interest agreements, how to ensure compliance with ethical rules, and provides strategies for maximizing protection using these agreements. We also will discuss recent case law updates on the enforceability of these agreements.
Speaker:
Justin Krieger, Partner, Kilpatrick Townsend
Ted Mayle, Senior Associate, Kilpatrick Townsend
11AM – 11:15AM – Break
11:15AM – 12:15PM – Session 3
Conflicts of Interest Involving Corporate Clients
This presentation will cover the major types of conflicts of interest involving corporate clients, including concurrent, former-client, special-situation, and imputed conflicts, in both litigation and transactional matters. It will also discuss conflict waivers and the revocation of a previously given consent to a conflict. Finally, the program will address standards for lawyer disqualification and practical considerations in determining whether to bring or resist a disqualification motion.
Speaker:
Stephen G. Masciocchi, Partner, Holland & Hart
12:15PM – 12:30PM – Lunch
**Virtual Attendees will have the opportunity to order lunch through PizzaTime with a choice of a salad, a burger, or a pizza. This will be an optional separate registration process emailed two weeks before the conference and at no charge.
**In-person attendees will have lunch served to them in the meeting room.
12:30PM – 1:30PM – Lunch Session 4
Whoops! I Can’t Believe I Hit Send! Best Practices for Communications and the Use of Non-Disclosure Agreements in a Corporate Setting
This presentation covers the ethical considerations and potential consequences of the inadvertent disclosure of confidential information and the ethical considerations regarding the use of corporate non-disclosure agreements.
Speakers:
Thomas J. Krysa, Partner, Foley & Lardner LLP
Emily Weber, Partner, Foley & Lardner LLP
Christos Yatrakis, Vice President of Legal North America, Gymshark USA Inc.
1:30PM – 2:30PM – Session 5
Crisis Management When Things “Break Bad”
What Can We Learn About Crisis Ethics from Saul Goodman and Walter White?
- Tired of boring crisis management seminars? Tired of managing good cases that suddenly “break, bad?”
- The AMC show Breaking Bad is a master class on the good, bad and ugly lessons of crisis management for in-house counsel;
- Come hear how to handle sticky ethical dilemmas for companies mired in crisis from two crisis managers with a combined 40 years of experience.
Speakers:
Jennifer White, Corporate Counsel, Volkswagen of America, Inc.
Colin Kelly, Partner, Shook, Hardy & Bacon
2:30PM – 2:45PM – Break and Host Bar
2:45PM – 3:45PM – Session 6
Ethics Obligations for In-house Counsel in the Digital World
Please join Littler Shareholders Jennifer Harpole and Laurie Rust as they review and apply the ABA Model Rules and court rulings to issues that in-house counsel are currently facing now that so much more of the daily interaction with outside counsel, opposing counsel and colleagues is occurring completely online. For example:
- How to continue to maintain and protect the attorney-client privilege with vendors and consultants
- What proactive steps should be taken to protect settlement payments in the digital world
- With their ubiquitous nature, are Google/Alexa-type devices hearing confidential communications
Speakers:
Jennifer Harpole, Shareholder, Littler
Laurie Rust, Shareholder, Littler