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2017 Wichita Ethics Seminar for Corporate Counsel

October 11, 2017

2:15 PM - 4:15 PM
Reception 4:15 PM - 5:00 PM
National Center for Aviation Training Auditorium
4004 N. Webb Rd.
Wichita, KS 67226

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Agenda

Foulston Siefkin's popular annual ethics seminar has been developed specifically for corporate counsel with the goal of assisting you in maintaining high ethical and legal compliance standards. Application for CLE approval of this activity in Kansas and Missouri is currently pending.

Registration

RSVP to aclark@foulston.com with your name, title, organization, address, e-mail address, and telephone number. This is a FREE seminar for corporate counsel only. Enrollment not available for attorneys in private practice without prior approval. Register early, limited space available.

Certification

Application for CLE approval of this activity in Kansas and Missouri is currently pending (2.0 credit hours). It has been developed specifically for corporate counsel with the goal of assisting you in maintaining high ethical and legal compliance standards.

Presenters

Experienced Foulston Siefkin attorneys, including Jim ArmstrongDaniel Buller, Holly Dyer, and Jason Lacey.

Topics

Cybersecurity Ethical Issues
Speakers: Daniel Buller and Jason Lacey

This session will address emerging ethical obligations related to data privacy and cybersecurity, including the following:

  • ABA Formal Ethics Opinion No. 477: Ethical obligations and email.
  • Ethical and legal obligations relating to cybersecurity and the recent DLA Piper ransomware attack.
  • The evolving cyber-threat landscape and “reasonable” data security practices.
  • Brown v. Tellermate Holdings, Ltd., 2014 WL 2987051 (S.D. Ohio). Attorneys need at least a base level understanding of client data and systems and should involve experts when appropriate.
  • Anatomy of a data breach - the Target and Home Depot data breaches.
  • Federal and state cybersecurity laws.
  • Risk assessment tools.
  • Columbia Casualty Co. v. Cottage Health Sys, Sys., Case No. CV 15-03432 DPP (C.D. Cal., July 17, 2015). Lessons from an early cyber insurance case.
  • Duty to protect confidentiality of data when crossing the U.S. border, including City of New York Bar Association Formal Opinion 2017-5.

Specific rules to be addressed with include Kansas and Model Rules 1.1 (competency) and 1.6 (confidentiality) and the attorney-client privilege.

Roundup of Current Ethics Issues and Cases - Federal, State and Local
Speakers: Jim Armstrong and Holly Dyer

This session will address a variety of ethical issues and rules, including:

  • Recent developments and refresher on the attorney-client privilege and confidentiality
    • Greyhound Lines, Inc. v. Viad Corp., 2016 WL 4703340 (D. Ariz. Sept. 8, 2016)
    • Doe v. Baylor Univ., 2017 WL 3470943 (W.D. Tex. Aug. 11, 2017)
    • Raymond v. Spirit Aerosystems, Holdings, Inc., 2017 WL 3895012 (D. Kan. Sept. 6, 2017)
    • McDermott Will & Emery LLP v. Superior Court, 217 Cal. Rptr.3d 47 (Cal. Ct. App. 2017)
    • Wadler v. Bio-Rad Labs, Inc., 212 F. Supp. 3ed 829 (N.D. Cal. 2016)
    • In re Koeck, No. 14 BD 061 (D.C. Ct. App., Bd. Prof. Resp. Aug. 30, 2017) (leak of GE confidential information)
    • Rules: 1.6 (confidentiality), 4.4 (respect for rights of third parties)
  • Business transactions with clients
    • Sands v. Menard, 887 N.W.2d 94 (Wis. Ct. App. 2016)
    • Compensation/Fees as applied to corporate counsel
    • Rules:  1.5 (fees), 1.8 (conflict of interest – specific rules)
  • Dealing with employees and represented/unrepresented persons
    • Kasowitz CREW complaint – advising employees regarding retention of counsel
    • Corporate Miranda
    • Business negotiations
    • Rules:  1.13 (organization as client)
  • Lawyers behaving badly (mostly on the internet)
    • Match.com account
    • Facebook issues
    • Jury research
    • Scranton Prods., Inc. v. Bobrick Washroom Equipment, Inc., 190 F. Supp. 3d 419 (M.D. Pa. 2016)