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Ethical Minefields Facing Litigators and Corporate Attorneys

Product Code - LGN290
Speaker(s): C. Evan Stewart, Cohen & Gresser LLP; Susan J. Kohlmann, Jenner & Block LLP
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This program will explore hot topics facing attorneys and will provide guidance on how to maintain an ethical practice in accordance with accepted professional responsibility standards. It will be presented from the perspectives of both a litigator and corporate counsel.

The faculty will address developments in conflicts of interest; dangers in multiple representation; do’s and don’ts of witness preparation; current status of client confidentiality; whistleblower remedies for lawyers; recent developments in multijurisdictional practice and the dangers of documents; threatening criminal sanctions in civil litigation; and attorney exposure to civil liability.

Educational Objectives:

• Understand how to effectively practice and avoid actual or perceived conflicts of interest. 

• Learn accepted practices for witness preparation.

• Find out how to avoid criminal sanctions and civil liability.

Who would benefit most from attending this program?

Litigators; corporate counsel; any attorney seeking information regarding compliance and the ethical requirements of the profession.

Program Level: Intermediate
Prerequisite:  A general knowledge of legal ethics and professional responsibility.
CPE Delivery Method: Group Internet-Based Live
Field of Study: Specialized Knowledge and Applications
Recommended CPE Credit: 1.5 credits
Anticipated CLE Credit: 1.5 credits (may vary based on from which jurisdiction requested)
Anticipated Ethics Credit: 1.5 credits (pending)

For additional information, please see the “CE Credit” tab.

C. Evan Stewart, Cohen & Gresser LLP; Susan J. Kohlmann, Jenner & Block LLP

C. Evan Stewart, Cohen & Gresser LLP
Evan Stewart is a partner with Cohen & Gresser. His practice principally focuses on the financial services industry, handling litigation matters for domestic and international clients before federal and state trial and appellate courts, in arbitration forums, as well as before the Judicial Panel on Multidistrict Litigation and the U.S. Supreme Court. He advises clients on a range of complex commercial matters, including antitrust, bankruptcy, class action defense, ethics, intellectual property, internal investigations, securities litigation, and tax controversies.

With substantial experience in the financial services industry, Mr. Stewart served twelve years as Executive Vice President and General Counsel for The Nikko Securities Co. International Inc. as well as a director of Nikko Financial Services Inc. Additionally, Mr. Stewart served as First Vice President, Associate General Counsel, and Head of Litigation at E.F. Hutton & Company Inc. Since 2003, Mr. Stewart has been tasked by Goldman, Sachs & Co. to be responsible for, among other things, overseeing and litigating all of the disputes arising out of the company’s Private Wealth Management Division.

Recognized as a Super Lawyer since 2009, Mr. Stewart has also been hailed as a "Local Litigation Star" by Benchmark Litigation since 2010. In 2008, he received the Modaq Content Award for writing the most popular article in the United States. Since 1980, Mr. Stewart has been AV(R) Peer Review Rated by Martindale-Hubbell. He is a visiting professor at Cornell University and an adjunct law professor at Fordham Law School. He has been a regularly contributing columnist for the New York Law Journal since 1990 and has published over 200 articles on diverse legal subjects; he is also frequently featured in the national media and regularly speaks across the country on securities, professional responsibility, and complex litigation issues.

Mr. Stewart earned a J.D. from Cornell University Law School and a B.A., cum laude, from Cornell University. He is admitted to practice in New York State as well as before the U.S. District Courts for the Southern and Eastern Districts of New York; the U.S. Court of Federal Claims; the U.S. Court of International Trade; the U.S. Court of Appeals for the Second, Third, Fifth, Sixth, Seventh, Ninth, and Tenth Circuits; the U.S. Court of Appeals, District of Columbia Circuit; and the U.S. Supreme Court.

Susan J. Kohlmann, Jenner & Block LLP
Susan Kohlmann is an experienced litigator in Jenner & Block’s Content, Media & Entertainment Practice and Chair of the Trademark, Advertising, and Unfair Competition Practice. Clients seek her counsel on a wide variety of complex matters, including copyright, trademark and trade secret disputes. She has also represented companies in various class action and other complex commercial matters. In addition to her extensive experience in jury and bench trials and arbitration proceedings, Ms. Kohlmann has extensive experience briefing and arguing appeals in the New York appellate courts and several federal circuit courts.

Ms. Kohlmann has been recognized by Legal 500 for her work in intellectual property, copyright and appellate and Supreme Court practice areas. New York Super Lawyers recognized her in intellectual property litigation from 2006 to 2013. She serves on her firm's Policy Committee and as Chair of the Diversity Committee. Ms. Kohlmann has lectured and published on copyright issues. She was a panelist on “The Future of Intellectual Property: An Evening With Judge Alex Kozinski and Friends” at the Los Angeles County Bar Association and spoke on Fair Use in the Digital Age at the New York City Bar and discussed termination rights under the U.S. Copyright Act at The Copyright Society in New York City. She served as a member of the New York City Bar's Nominating Committee, chair of its Committee to Enhance Diversity, and a member of its Executive Committee. Ms. Kohlmann is also a member of the boards of the New York Lawyers for the Public Interest and Legal Services NYC.

Ms. Kohlmann earned a J.D. from Columbia University School of Law, where she served as Casenote and Comment Editor for the Journal of Transnational Law, and a B.A. from Yale University. She is admitted to practice in New York as well as before the U.S. Supreme Court; the U.S. Courts of Appeals for the Second Circuit and Fourth Circuits; and the U.S. District Courts for the Southern and Eastern Districts of New York.

This program’s CLE-credit eligibility varies by state. Bloomberg BNA is an accredited provider in the states of New York*, California, Pennsylvania, Texas and Virginia, and most other jurisdictions grant CLE credit on a per-program basis. At this time, Bloomberg BNA does not apply directly to the states of Florida, Rhode Island, Montana, Delaware and Hawaii although credit is usually available for attorneys who wish to apply individually. Additionally, the following states currently do not grant credit for Bloomberg BNA OnDemand programming: Arkansas, Ohio, Nebraska and Delaware. All requests are subject to approval once the live webinar has taken place or the customer has viewed the OnDemand version. Please allow up to four to eight weeks for CLE processing. Contact the Bloomberg BNA accreditations desk if you have specific questions that have not been addressed.

*Bloomberg BNA is an accredited provider in New York for experienced attorneys only.

Hardship Policy
For information regarding Bloomberg BNA’s Hardship Policy, please visit the Continuing Education Information page.

Individual programs, subjects, and formats may not receive credit in some states and there may be specific rules regarding who may earn credit or the maximum number of credit hours that may be earned with specific formats.  For specific questions, contact your state MCLE regulatory entity for specific questions about your MCLE rules or visit the American Bar Association’s website for general information on accreditation.

If you have further questions regarding a specific state or how to file for CE credit, please contact Bloomberg BNA customer service at 800-372-1033 and ask to speak to the CLE Accreditation Coordinator or send an email to