Ethics / Professionalism

Rock 'n' Roll Ethics

Synopsis

In the everyday legal world, there are ethical issues that can present themselves at any given moment and attorneys need to have a good understanding of the ethical rules in order to safely navigate the dangers. In this highly entertaining and extremely informative course, the rock and roll world collides with the legal profession and things get quite interesting, providing us with a myriad of ethical situations to be addressed.

The presenters look to the Ohio Rules of Professional Conduct, as well as the Model Rules of Professional Conduct, to provide an in-depth look at how to handle the various ethical situations and issues that arise in this production. They provide insight a myriad of topics including attorney-client privilege, joint representation, the intricacies of internal investigations, confidentiality, and reporting of professional misconduct.

*Mobile compatible



Outline

I. A Rock and Roll Production
   A. Setting the Stage
   B. Everyone is Lost
   C. A Cast of Characters
   D. An Interview with a Rock Band
   E. A Data Breach and the Start of the Internal Investigation
   F. Attorney Representation and a Continuing Investigation
   G. Delay Tactics and the Start of a Lawsuit
   H. Employee Interviews in an Investigation
   I. Copyright Infringement Action
   J. Reviewing a Contract
   K. Beware the Pitfalls of Internal Investigations
   L. Negotiations Run Amuck
   M. Let the Deposition Begin
   N. Things Take a Turn - And Not for the Better
   O. The Deposition Gets Ugly
   P. An Employee Interview Gone Bad
   Q. Reporting of Lawyer Misconduct
   R. Understanding Lawyer Representation
   S. A Closer Look at Lawyer Supervision
   T. Cooler Heads Prevail
   U. Advocating for a Client
   V. Threat of Professional Misconduct
   W. A Few More Ethical Missteps
   X. Living the "Dream"
II. Let's Discuss the Ethics of It All
   A. Panel Introductions
   B. Lawyer Representation
   C. Professional Rules 4.2 and 4.3 Addressed
   D. Corporate Investigations
      1. Corporate Miranda Warnings
      2. Employees: Need for Legal Counsel and
          Disinterest in Cooperation
      3. Practical Consequences of Failure to Give Corporate
          Miranda Warning
      4. Investigation of Data Breach and Preserving Privilege
   E. Attorney-Client Privilege and European In-House Counsel
   F. Confidentiality Rules in U.S. vs. Foreign Jurisdictions
   G. Confusion as to Lawyer Representation
   H. Sound Advice
   I. Conflict of Interest
      1. Rule 1.7
      2. Case Law
   J. Joint Representation
      1. Should It Be Done?
      2. Attorney-Client Privilege in Joint Representation
   K. Reporting of Professional Misconduct
      1. Requirements to Report
      2. Timing of Reporting
   L. Sexual Misconduct
   M. Perspectives on Professionalism
   N. Finding a Balance
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Our global team of over 1500 lawyers across 44 offices in 21 countries is ready to support you – wherever law, business and government interact.

We support private and public sector clients across extensive global practice areas. We also have a preeminent public policy practice with deep-rooted relationships in Washington D.C., Brussels and beyond.


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Prerequisites/Advanced Preparation:



Speakers / Authors:

Photo of Steven A. Delchin

Steven A. Delchin

Steven A. Delchin is a senior attorney at Squire Patton Boggs in Cleveland, Ohio. He is highly experienced in general litigation matters and concentrates on product liability, legal ethics, securities defense and intellectual property. He has a specific focus on appellate and Supreme Court practice.

Prior to joining Squire Patton Boggs, Mr. Delchin served as a law clerk to The Honorable Alan E. Norris at the U.S. Court of Appeals for the Sixth Circuit. He also interned with The Honorable John M. Manos at the U.S. District Court for the Northern District of Ohio.

Mr. Delchin has an active appellate practice and has represented numerous clients before courts across the country, including the Supreme Court of Ohio, the U.S. Court of Appeals for the Second and Sixth Circuits, and the U.S. Supreme Court. In addition to guest lecturing on effective appellate advocacy, Steve is a regular contributor to the Sixth Circuit Appellate Blog, a firm sponsored blog that fosters discussion on news about and opinions issued by the U.S. Court of Appeals for the Sixth Circuit, with an emphasis on cases pertaining to business interests. Mr. Delchin’s blog posts can be followed at www.sixthcircuitappellateblog.com.

In addition to his active appellate practice, Mr. Delchin has spent a substantial portion of his career focused on the field of professional ethics, counseling firm lawyers in offices worldwide. He is a frequent lecturer on legal ethics issues and a regular participant in the firm’s annual program on ethics and professionalism, presented every December. As part of his ethics practice, he has a unique focus on social media. He has lectured on the legal aspects of, and professional pitfalls associated with, social networking.

Mr. Delchin has significant and extensive experience on personal jurisdiction matters. He has successfully represented a broad array of international clients from Japan and Hong Kong to Germany and Canada on jurisdictional matters all across the U.S., including issues relating to jurisdictional discovery and parent-subsidiary relationships. He also counsels clients on effective strategies for maintaining legal separateness among related corporations, and he is the co-author of a paper on managing corporate communications.

Mr. Delchin has been a member of the Squire Patton Boggs eDiscovery & Data Management team, which serves as a resource for assisting lawyers on a full range of e-discovery matters. He has counseled numerous international and domestic clients on compliance with preservation obligations and assists these clients with implementing effective litigation hold procedures. He has written about the recent spotlight on electronic document retention policies in the age of electronic discovery, and has lectured on anticipating and preparing for the myriad traps confronting litigators in the digital age. He has aggressively and successfully defended clients accused of Internet computer hacking.

Mr. Delchin received his J.D. from Case Western Reserve University in 1997, and his B.A. from John Carroll University in 1994.

Photo of Colin R. Jennings

Colin R. Jennings

Colin R. Jennings is a partner at Squire Patton Boggs in the Cleveland, Ohio office. He is a trial lawyer focusing on complex civil and criminal matters, including responses to governmental investigations and enforcement actions. As a natural extension of his litigation practice, Mr. Jennings has an active global compliance and data breach response practice. He has successfully tried numerous civil and criminal matters in various federal and state courts.

Mr. Jennings’ criminal practice involves representing public and private corporations and business professionals in response to federal, state and local criminal investigations. Throughout the U.S. and globally, he conducts internal investigations into allegations of employee misconduct, fraud or other business crimes including the Foreign Corrupt Practices Act, False Claims Act, OFAC sanctions and cybercrimes.

In addition, Mr. Jennings has diverse and extensive experience in complex civil litigation including matters related to tort claims, insurance and coverage matters, contract and other commercial disputes, RICO, fraud and abuse, and trade secret litigation. He also has expertise in connection with the defense and prosecution of civil and administrative matters involving allegations of fraud and criminal conduct.

Building on his experience in both civil and criminal matters, Mr. Jennings regularly advises U.S. and global companies on the design, implementation and assessment of compliance programs. He has been selected by several publicly held companies, including Newell Rubbermaid, as the primary outside counsel providing legal assistance on global compliance matters. He is often asked to speak about compliance, and is the author of numerous articles and chapters on the topic.

Mr. Jennings serves as the leader of the firm’s data privacy and protection litigation subgroup, having responded to clients’ crises in the U.S. and internationally. He regularly interacts with federal, state and international authorities concerning data breaches, and coordinates the forensic analysis and resulting claims or litigation that inevitably follow a breach

Mr. Jennings is the former chair of the Certified Grievance Committee for the Cleveland Metropolitan Bar Association (CMBA) and has served as trial counsel for the CMBA in various attorney discipline matters. He is also the former chair and a member of the leadership team for the CMBA’s Criminal Law Section, and a member of the John M. Manos Inn of Court.

Mr. Jennings received his J.D. in 1997 from Case Western Reserve University, and his B.A. in 1994 from Allegheny College.

Photo of Kenneth C. Moore

Kenneth Moore

Kenneth C. Moore is a partner at Squire Patton Boggs in Cleveland, Ohio. For more than 20 years he has spent a substantial proportion of his time in the field of professional ethics, advising clients – including other law firms − on legal ethics and governance issues and counseling our lawyers around the globe.

Mr. Moore has represented diverse clients in commercial and environmental litigation. A substantial portion of his docket includes large cases with multi-million dollar stakes that require years of effort and leadership of a team of lawyers. In addition to a variety of business cases, Mr. Moore has also maintained a broad-based environmental practice under all of the major federal environmental statutes and their state counterparts, including the Superfund Act, Clean Air Act, Clean Water Act, and Resource Conservation and Recovery Act. He has chaired steering committees and acted as lead counsel for industry in drafting settlement agreements at several major multi-generator Superfund sites.

Mr. Moore co-authored, with senior attorney Steven A. Delchin and ICF International’s Mollie Roy, “A Closer Look at Confidentiality and Privilege When Doing Business Abroad,” published in the January/February 2014 issue of the Association of Corporate Counsels’ ACC Docket.

Mr. Moore is a member of the American, Ohio State, Cleveland Metropolitan and Federal Bar Associations. He is vice chair of the Hiram College board of trustees and past Chair and a Trustee Emeritus of the Board of Trustees of Laurel School.

Mr. Moore received his J.D. from Harvard University in 1973 and his B.A. from Hiram College in 1969.

Photo of Laurie Kosanovich

Laurie Kosanovich

Laurie Kosanovich is General Counsel at the Rock and Roll Hall of Fame and Museum. As the front woman for the Rock Hall’s legal department, she routinely handles intellectual property issues involving the Rock and Roll Hall of Fame and Museum. Prior to joining the Rock Hall, Ms. Kosanovich spent six years in the Corporate Group at Baker Hostetler, and worked in-house for QualChoice and Progressive Insurance.

As Ms. Kosanovich highlights, the Rock Hall’s mission is to engage, teach and inspire through the power of rock and roll. The Rock & Roll Hall of Fame is proud to have been an important part of the world-class Cleveland experience for visitors over the past 21 years. It has become an icon, drawing nearly 11 million people from nearby and from around the world, and generating more than $2 billion in economic impact for the region.

Ms. Kosanovich earned her J.D. in 1997 from Case Western Reserve School of Law, and her Bachelor’s degree in 1994 from The College of Wooster.

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Price (USD)

Standard Rate: $272.00
Subscribers: FREE
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Metro State Univ: $272.00

Details

Course Code : 778520

Release Date: 02/16/2017


Length: 2hr 30min
Recorded Date: 12/13/2016


Format Type: eLearning
Mobile Compatible


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