Recent Ethics Opinions that In-House Counsel Should Not Overlook

Price: $224 Ondemand


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Over the last decade, how lawyers practice law has changed considerably as the use of electronic records, social media, and outsourcing continues to evolve and expand.  Bar associations across the country are issuing ethics opinions addressing how the Rules of Professional Conduct apply to these and other issues that in-house counsel face every day.  But, most lawyers do not read ethics opinions and some of the opinions are in conflict.  This program will focus on the most significant ethics opinions issued over the course of the last ten years that impact how in-house lawyers practice law and what those opinions mean for the practice of law by in-house counsel.

Among other topics, the program will discuss limits on the use of metadata, the application of the attorney-client privilege to internal communications and employee’s personal use of corporate computers, restrictions on assisting clients to communicate with other parties, problems with in-house counsel whistle-blower’s use of confidential information, the identification of various conflicts that arise in corporate representation, limitations on the use of social media, and the obligations that come with outsourcing.

Educational Objectives:
• Learn what practices corporations may have been following that can lead to ethics problems in such areas as assisting corporate executives negotiate business agreements.  
• Learn how to better to protect the rights of clients by creating corporate polices on such things as the corporation’s right to materials on corporate computers.  
• Be provided examples of corporate agreements that have left unresolved future conflict issues. 
• Learn how to deal with conflicting views of lawyer’s ethical obligations.

Who would benefit most from attending this program?
A basic understanding of ethics within corporate law.


David G. Keyko, New York Litigation Partner, Pillsbury Winthrop Shaw Pittman LLP

David Keyko is a partner in the law firm's Litigation practice and is located in the New York office. His practice has focused on major, complex litigation, often involving multiple parties. He has handled cases involving allegations of securities or other types of fraud, antitrust violations, ethics issues and trusts and estates issues across the country, often involving insurance coverage issues. He has conducted internal investigations and represented clients responding to government probes.  Among the prominent cases Mr. Keyko has handled was the representation of the primary claimant to a $1.5 billion estate in lawsuits filed in several jurisdictions.

He is a former columnist for the New York Law Journal and 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 served. He also is the past Chairman of the Professional Responsibility Committee of the Association of the Bar of the City of New York.  Mr. Keyko was named the "New York City Best Lawyers Ethics and Professional Responsibility Law Lawyer of the Year" for 2012.  Mr. Keyko is a member of Pillsbury's Sarbanes-Oxley Committee, Opinions Committee and Professional Responsibility Committee.

David Keyko graduated from N.Y.U. School of Law (J.D., 1977), cum laude, Order of the Coif.  He was also the Articles Editor for the Annual Survey of American Law.


Roy Simon is a Distinguished Professor Emeritus of Law at Hofstra University School of Law. He graduated from Williams College (B.A., 1973) and N.Y.U. School of Law (J.D., 1977), where he was editor-in-chief of the N.Y.U. Law Review. He clerked for United States District Judge Robert Merhige (pronounced "marriage") in Richmond, Virginia, then practiced law at Jenner & Block in Chicago. He began his teaching career at Washington University School of Law in St. Louis in 1983, and has taught legal ethics since 1985. He joined the Hofstra faculty in 1992.
Professor Simon annually writes Simon's New York Code of Professional Responsibility Annotated, annually co-authors Regulation of Lawyers: Statutes and Standards (with Professor Stephen Gillers of N.Y.U.), and co-authors Lawyers and the Legal Profession.He also writes a monthly article for the New York Professional Responsibility Report, a monthly newsletter covering professional responsibility items of interest to New York lawyers.

Professor Simon is a member of the professional ethics committees of the New York State Bar Association, the Association of the Bar of the City of New York, and the Bar Association of Nassau County, and is vice chair and reporter for the New York State Bar Association's Committee on Standards of Attorney Conduct ("COSAC"), which is comprehensively reviewing the New York Code of Professional Responsibility. In March of 2005, he was appointed to the New York City Bar's Task Force on the Role of the Lawyer in a Corporate Governance.