Ethics / Professionalism

Parsing the Pratfalls Presented by Puzzling Ethical Pronouncements - A Broadened View

Synopsis

Can you identify the ethics issues that arise in your everyday practice? In this updated and extended version of Parsing the Pratfalls Presented by Puzzling Ethical Pronouncements, Pillsbury Winthrop attorney David Keyko challenges you to identify the various ethical issues raised in each of seven scenarios and then discusses each issue individually, citing the Model Rules of Professional Conduct, ABA and various state ethic's opinions and specific state rules, as well as more recent case studies to lend support to his discussion. He addresses such topics as document preservation, assisting clients in communications, contacting parties who are part of a class action, joint defense agreements, disqualification imputed to the legal department, representing a corporation and corporate affiliates, as well as various other ethics issues.



Outline

I. Puzzling Ethical Pronouncements
    A. Spotting Ethical Issues
    B. Scene I
        1. Setting the Stage
        2. Prologue
        3. The Joy of Working at Acme Corporation
        4. Litigation Hold and Attorney-Work Product Addressed
        5. Assisting Clients in Communications
        6. Inside Counsel's Role with Respect to No Contact
            Rule and Class Certification
    C. Scene II
        1. Watching the Legal Budget at Roadrunner Products
        2. Joint Defense Agreements
        3. Imputation Rule and Communication Between Parties
        4. Client Representation Issues
        5. More Important Issues Addressed    
    D. Scene III
        1. Plotting at Pillsbury Pictures
        2. Email and Privilege
        3. Electronic Communication and Third-Party Access
        4. Confidentiality Obligations and Employment Contracts
    E. Scene IV
        1. More Fun at Acme Corporation
        2. Copying Adverse Parties and Waiver of Implied No 
            Contact Rule
        3. Inadvertently Produced Documents
    F. Scene V
        1. Saving More Money at Roadrunner Products
        2. Social Media Issues 
        3. Obligations for Record Preservation of Electronic Documents
    G. Scene VI
        1. Script Issues at Pillsbury Pictures
        2. Obligations of a Lawyer Performing Legal & Non-Legal
            Services
        3. Inside Counsel Joint Representation and  Joint Privilege
            Waiver
    H. Epilogue
        1. A Final Moment
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With influence and presence on both U.S. coasts and abroad, Pillsbury Winthrop Shaw Pittman LLP enjoys an expansive international platform. The firm has 14 offices in global centers for capital markets, energy and technology and provides its clients with the strength of this reach and a commitment to cross-border service and responsiveness. Pillsbury is a leader in its core areas of focus: capital markets and finance, energy, global sourcing, litigation, real estate, technology, life sciences, and communications.





Speaker / Author:

Photo of David G. Keyko, Esq.

David Keyko
Pillsbury Winthrop Shaw Pittman LLP

David G. Keyko is a partner in the New York office of Pillsbury Winthrop Shaw Pittman LLP. His practice focuses on major, complex litigation, often involving multiple parties. He has handled cases involving allegations of securities and other types of fraud, antitrust violations, ethics issues, and trusts and estates issues, as well as representing clients responding to government probes. He has also served as an expert witness in connection with legal malpractice litigation. Among the prominent cases Mr. Keyko has handled was the representation of of the primary claimant to a $1.5 billion estate in lawsuits filed in several jurisdictions.

Mr. Keyko has lectured and written widely on securities, antitrust, legal ethics and general litigation topics. He is a regular columnist for the New York Law Journal and he has written several dozen articles on litigation and ethics issues for such publications as the National Law Journal and Metropolitan Corporate Counsel, on whose advisory board Mr. Keyko has served.

Mr. Keyko has undertaken a variety of pro bono projects and served as chairman of the board of MFY Legal Services, Inc. and just completed his term as a member of the Departmental Disciplinary Committee of the First Department. He is chairman of the Professional Responsibility Committee of the Association of the Bar of the City of New York. He chaired the ad hoc committee of the association that commented on proposed SEC regulations under Section 307 of the Sarbanes-Oxley Act of 2002. He is a former member of the association’s Professional and Judicial Ethics Committee.

Mr. Keyko is a member of Pillsbury’s Sarbanes-Oxley Committee, Opinions Committee and Professional Responsibility Committee.

In 1974, Mr. Keyko graduated magna cum laude from Yale University with a B.A. In 1977, he earned his law degree cum laude from New York University School of Law, where he was a member of Order of the Coif and articles editor for the Annual Survey of American Law.

Mr. Keyko is admitted to practice in New York and before a number of federal district courts in New York and Connecticut. He is also admitted to practice before the U.S. Courts of Appeals for the Second and Fifth Circuits and the U.S. Supreme Court.

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Details

Course Code : 775521

Release Date: 02/14/2013


Length: 1hr 48min
Recorded Date: 10/3/2012


Format Type: eLearning

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