Navigating Ethical Tempests in Global In-house Practice

As more companies reach across borders, in-house counsel must juggle ethical rules from different countries and avoid ethical problems. Does one country respect the attorney–client privilege or legal professional privilege that other countries offer? What happens when in-house lawyers and their clients work in different countries? And how can lawyers make sure that they have authorization to practice in all of the countries where they need to advise clients? Discover the answers to these ethical questions and others, to better navigate the globe.

Panelists:
Iohann Le Frapper, Chief Legal Officer, Gulf Bridge International; Member, ACC Board of Directors
Vanessa Turner, Partner, Allen & Overy LLP
Evan Schultz, Senior Counsel and Director of Advocacy, Association of Corporate Counsel

ACC Chair’s Choice: What’s Not Legal About Compliance?

Over the past decade, a growing movement, led primarily by regulators, has sought to divide the legal and compliance function by arguing that chief compliance officers should report to chief executives and boards of directors, rather than general counsel, in order to embed a culture of compliance at the very top of the organization. But is that contention based on a misunderstanding of the true role of in-house counsel, who, under ethics rules, serve as lawyers for the organization itself? Join ACC Advocacy, along with a panel of general counsel, chief compliance officers and regulators, for a robust debate as to the implications of separate legal and compliance functions for the in-house bar and for the companies they represent.

Panelists:
David Allgood, Executive Vice President & General Counsel, Royal Bank of Canada
Michael Julian, General Counsel, Group Compliance Officer, AEG Power Solutions
James Koukios, Senior Deputy Chief, Fraud Section, Criminal Division, United States Department of Justice
Amar Sarwal, Vice President & Chief Legal Strategist, Association of Corporate Counsel

Prosecuted for Providing Advice of Counsel: An Insider’s Perspective

In 2010, the government targeted Lauren Stevens for allegedly making false statements in the course of a discovery dispute. In a strongly-worded decision, the federal judge summarily threw out the prosecution’s case, indicating that Ms. Stevens should never have been charged in the first place. Unfortunately, unable to take a hint, the government has made clear that it is looking for other targets and will file against some other in-house lawyer. In this one-on-one interview, Lauren Stevens recounts her experience as an unfortunate target of the Department of Justice’s effort to target in-house counsel for representing their corporate clients.

Panelists:

Lauren Stevens, former Vice President and Associate General Counsel of GlaxoSmithKline (GSK)
Amar Sarwal, Vice President & Chief Legal Strategist, Association of Corporate Counsel

Protecting Privilege when the Government is at the Door

Some agency regulators or enforcement authorities will request client’s privileged communications. This session will explore the circumstances under which your business runs the risk of that exposure and how your company can respond. The panel will discuss how regulators and enforcement authorities now approach privileged communications; what the approaches imply for how in-house counsel should communicate with their clients; and from the perspective of an enforcement authority, what options in-house counsel have in responding to requests for privileged information.

Panelists:

James Santelle, U.S. Attorney, Eastern District of Wisconsin
Mary Honzik Kliesmet, Senior Counsel, Waste Management
Evan Schultz, Senior Counsel and Director of Advocacy, Association of Corporate Counsel
Mark Cameli, Reinhart Boerner Van Deuren

The Future of Ethics for In-House Counsel: Going Boldly Where No Model Rules Has Gone Before

The jobs of in-house counsel have become more global and fluid, but ethics laws — on privilege, right to practice, and even technology — often still read like they come from dusty books left over from the 19th Century. Focusing, in part, on the recent work of the American Bar Association’s Ethics 20/20 Commission, this panel will discuss what in-house counsel need ethics rules to address, to allow them to practice law in ways that are as fluid, global and technologically savvy as their companies.

Panelists:

Keith Sellen, Director of the Office of Lawyer Regulation, Wisconsin Supreme Court
Moira Moran, Associate General Counsel and Director, Robert W. Baird & Co.
Francis Deisinger, Reinhart Boerner Van Deuren
Evan Schultz, Senior Counsel and Director of Advocacy, Association of Corporate Counsel

Case Management — From Filing and Discovery to Settlement or Trial

In an open and interactive session, senior in-house litigation counsel brief the American College of Business Court Judges about their unique perspectives on the case management process.

Panelists:

Lowell Haky, Chief of Civil and Complex Litigation, Charles Schwab & Co.
Deanna Johnston, Vice President & Coverage Counsel, Firemen’s Fund Insurance Co.
Stephen Schirle, Senior Director & Lead Counsel, Litigation, Pacific Gas & Electric Co.
Amar Sarwal, Vice President & Chief Legal Strategist, Association of Corporate Counsel

Emerging Issues in Litigation from the In-House Counsel Point of View

In an open and interactive session, senior in-house litigation counsel brief the American College of Business Court Judges about their unique perspectives regarding emerging issues in litigation around the country and the world.

Panelists:

Tim Elliott, Corporate Counsel, Gap, Inc.
Michael Haven, Senior Counsel for Legal Operations and Litigation, NetApp, Inc.
Amar Sarwal, Vice President & Chief Legal Strategist, Association of Corporate Counsel

Attorney-Client Privilege for In-house Counsel

This event covers the various roles in-house counsel tend to play and how they are affected by attorney-client privilege rules; the attorney-client privilege rules in a global context and how they apply in your daily workplace practices, as well as an in depth discussion of the Professional Conduct Model Rules 1.6, 1.13 and others as appropriate.  Attendees walk away with practical guidance on how to handle common privilege challenges.

Panelists:

James Office, General Counsel, Victory Wholesale Group
Evan Schultz, Senior Counsel and Director of Advocacy, Association of Corporate Counsel
Libretta Stennes, Partner, Steptoe & Johnson LLP, Lex Mundi Member Firm

Protecting Privilege when the Government is at the Door

Some agency regulators or enforcement authorities will request client’s privileged communications. This session will explore the circumstances under which your business runs the risk of that exposure and how your company can respond. The panel will discuss how regulators and enforcement authorities now approach privileged communications; what the approaches imply for how in-house counsel should communicate with their clients; and from the perspective of an enforcement authority, what options in-house counsel have in responding to requests for privileged information.

Panelists:

William Sailer, Senior Vice President and Legal Counsel, QUALCOMM Incorporated; Member of ACC Advocacy Committee and ACC Board of Directors
Evan Schultz, Senior Counsel and Director of Advocacy, Association of Corporate Counsel
Jason de Bretteville, Stradling law firm

Protecting Privilege when the Government is at the Door

Some agency regulators or enforcement authorities will request client’s privileged communications. This session will explore the circumstances under which your business runs the risk of that exposure and how your company can respond. The panel will discuss how regulators and enforcement authorities now approach privileged communications; what the approaches imply for how in-house counsel should communicate with their clients; and from the perspective of an enforcement authority, what options in-house counsel have in responding to requests for privileged information.

Panelists:

Manisha K. Merchant, Assistant General Counsel, Banc of California
Evan Schultz, Senior Counsel and Director of Advocacy, Association of Corporate Counsel
Stephanie Yonekura, Acting First Assistant United States Attorney, Central District of California
Charles E. Weir, McDermott Will & Emery LLP