Ethics / Professionalism

The Rasputin Investigation: Ethics, Privilege and Investigations


A client's confidences and secrets are protected by not only the Model Rules of Professional Conduct, but in California by California Rule 3-100. Through a series of several vignettes, esteemed Pillsbury Winthrop attorney David Keyko addresses various situations where an attorney may be faced with how to ethically handle issues that arise during the course of an investigation. Using case law as well as references to the rules, he provides a thorough understanding of how to address these issues that may arise in a lawyer's practice.

*iPad Compatible


I. Introductions
    A. Presenter and Topic
II. Obligations to Keep Clients' Confidences and Secrets
    A. Confidences and Attorney-Client Privilege
III. Scene I
    A. Prologue
    B. What's With This Bribery Claim?
    C. Investigations as Well as Duty to Preserve
    D. Accessing Employee's Emails
        1. Obligations to Employee - Are There Any?
        2. What About in California?
    E. Public Relations and Privilege/Conflict When Multiple Units Exit
    F. Consultants and Attorney-Client Privilege
    G. The Use of Outside Counsel
    H. Duty to Employees That Aren't Being Represented
    I.  Communications About Settlement
    J.  Employee's Right to Claim Privilege, Have Their Own
         Lawyer, and Indemnification
III. Scene II
    A. There's More to the Story
    B. Reporting
    C. Emails
        1. Lawyer's
        2. Labeling of Emails
        3. Employees, Consultants, Interview and Privilege
    D. Third-Parties and Privilege
IV. Scene III
    A. You Never Know Who's Listening
    B. Board Meetings
        1. Overheard Conversations, Conflicts and Attendees
        2. Privilege and Communications Outside the U.S.
    C. Sharing Information with Prosecutors and Government
V.   Scene IV and Epilogue
    A. Wrapping It All Up
    B. Concerns Regarding Publicity
    C. Lawyer Acting Contrary to Interests of Client
    D. More Privilege Concerns

Content Provided

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.


Price (USD)

Standard Rate: $173.00
Subscribers: FREE
Pillsbury U Online: FREE
Metro State Univ: $173.00


Course Code : 775594

Release Date : 08/28/2015

Length : 1hr 31min
Recorded Date : 1/22/2015

Format Type : eLearning
Mobile Compatible

Accreditation Info

Returning Subscribers

- OR -