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Outside Counsel Guidelines: Restrictions on Practice, Conflicts of Interest, Client Indemnity & Other Troublesome Terms and Ethical Issues


Level: Advanced
Runtime: 92 minutes
Recorded Date: September 26, 2017
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Agenda

  • Status of Guidelines
  • Conflicts
  • Finance
  • Indemnity and insurance
  • Relationship management
  • Diversity
  • What should be done?
  • Questions and answers
Runtime: 1 hour and 32 minutes
Recorded: September 26, 2017

Description

No issue torments in-house law firm ethics lawyers more these days than the rising tide of outside counsel guidelines and their increasingly detailed requirements. Client demands concerning cybersecurity and IT audits; specific definitions of conflicts of interest broader than the ethics rules; definitions of clients that stretch over entire corporate families and even co-joint venturers; bans on representing competitors; HIPAA business associate agreements-each needs to be identified, decoded, considered, responded to, and sometimes negotiated, all during the first flush of lawyer-client infatuation.

Our panel of experienced practitioners will dissect the current environment of demands, responses, ethical dilemmas and solutions relating to outside counsel guidelines. They will also identify how those guidelines may potentially threaten a lawyer's independence and create issues that implicate lawyers' obligations and duties under the MRPC, including the rules governing conflicts of interest, duties of confidentiality, diligence and competence, as well as breach of fiduciary duty of loyalty.

This program was recorded on September 26th, 2017.

Provided By

American Bar Association
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Panelists

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Stuart Pattison

Senior Vice President
Sompo International

Stuart Pattison heads up the practice group underwriting professional service firms, law firms and accounting firms at Sompo International. Previously he headed up the practice group underwriting large law firms at CNA for 13 years and before that he spent 27 years at the insurance broker Minet, subsequently acquired by Aon, where he headed up the professional services group involved with law firms, accounting firms and consultants.

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Laura R. Giokas

Partner and General Counsel
Bryan Cave LLP

Laura Giokas is the firm's General Counsel, managing and coordinating all firm-related legal matters. In this role, Ms. Giokas also advises the firm on strategic and operational decisions and develops firmwide protocols and policies in the risk management area.

Prior to becoming General Counsel, Ms. Giokas practiced in the firm’s Commercial Litigation group, representing corporate clients in the areas of products liability defense, commercial litigation and employment litigation and advice. Her practice included the defense of products liability claims alleging personal injury and wrongful death. Ms. Giokas’s practice also included defending leading financial institutions against individual claims for violation of federal and state lending laws, mortgage servicing claims, and consumer protection and unfair competition claims.

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Monte M. Lemann, II

General Counsel
Manatt, Phelps & Phillips, LLP

As general counsel of Manatt, Phelps & Phillips, LLP, Monte Lemann oversees professional responsibility, risk management and firm transactional matters. Mr. Lemann has extensive experience in a wide range of complex transactional matters, with an emphasis on loan and investment activities.

His practice includes traditional secured and unsecured lending, private placements of debt and equity securities, business combinations (including leveraged acquisitions), joint ventures, structured finance, leasing and off-balance sheet financing, project finance, workouts and restructurings involving a variety of industries, including entertainment, financial services and energy. Within the entertainment industry, Mr. Lemann has also negotiated performer agreements, endorsement contracts, concert and tour promotion, and motion picture and television production and finance arrangements.

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Anthony E. Davis

Of Counsel
Clyde & Co. US LLP

Anthony Davis is a lawyer’s lawyer. He advises lawyers and law firms in the United States and internationally in the areas of professional responsibility, risk management and every aspect of the law governing lawyers. Anthony is the author of books, numerous scholarly articles, and the bi-monthly "Professional Responsibility" column in the New York Law Journal.

Anthony is a Lecturer-in-Law at Columbia University School of Law, teaching “Professional Responsibility Issues in Business Practice.” He is a past President of the Association of Professional Responsibility Lawyers (APRL), a Fellow of the College of Law Practice Management, and a Member of the American Law Institute (ALI).


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