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Description: This ethics program will discuss a lawyer’s legal and ethical obligations when he or she believes that a member of management is no longer fit to carry out company responsibilities or potentially violating company policy or the law. Drawing from real world examples, this program will ensure that both in-house and outside counsel understand their role and obligations under such circumstances and provide them with practical steps to navigate these complex situations. Participants will understand their applicable ethical duties under the Model Rules and the Sarbanes Oxley Act of 2002, including when or if a “noisy withdrawal” is required; learn when and under what circumstances they can or should report to the Board or other governing body; and the role of internal investigations conducted by outside counsel, including potential risks and complexities for in-house counsel who may have been involved in the underlying fact pattern.
Presenter Bios
Carolyn H. Kendall is a Principal in the Internal Investigations & White Collar Defense practice group of Post & Schell, P.C. in Philadelphia, PA. She conducts internal investigations, counsels and represents companies and individuals subject to government investigation, and defends clients in related litigation. She is a regular contributor to several publications, including Business Crimes Bulletin and the Pennsylvania Association of Criminal Defense Lawyers’ (PACDL) For the Defense. She is also the lead author of Post & Schell’s White Collar Posts blog, her posts are available here: https://www.postschell.com/insights/white-collar-posts
Erik R. Anderson has a broad litigation practice that focuses on advising and representing clients confronted by complex, high-stakes challenges at the intersection of law, government, and public policy—often under the glare of intense media, political, or reputational and professional scrutiny. His clients include regulated corporations, high-ranking public officials and employees, law firms, attorneys, judges, lobbyists, and other state-licensed professionals. With substantial experience operating in the media and public relations arenas, Mr. Anderson has represented elected or appointed officials—on both sides of the aisle—from each branch of Pennsylvania state government and each Chamber of the Pennsylvania General Assembly in criminal, civil, or administrative proceedings.
Mr. Anderson works closely with employers in defending employment actions in state and federal courts and administrative agencies involving claims of discrimination, sexual harassment, retaliation, wrongful termination, and employment-related torts. He also represents management in labor relations matters, including collective bargaining, grievance and interest arbitrations, and unfair labor practice cases. Mr. Anderson provides creative counsel on a full spectrum of labor and employment issues, including investigations, employee performance management, and disciplinary strategies, severance and non-compete agreements, and development and implementation of personnel policies.
Mr. Anderson also defends companies and individuals in connection with government investigations, regulatory enforcement proceedings, and federal and state grand jury investigations. A substantial focus of Mr. Anderson’s white collar practice is the litigation of high-profile public corruption matters. And drawing on his time working in the upper reaches of state government and in private practice, Mr. Anderson has deep experience interacting with media and crafting prompt and effective communication strategies.
In his legal profession and ethics practice, Mr. Anderson represents attorneys and law firms in responding to ethics inquiries and defending against prosecutions brought by the Office of Disciplinary Counsel of the Disciplinary Board of the Supreme Court of Pennsylvania. In addition, Mr. Anderson defends judges before the Judicial Conduct Board. He also advises on a wide range of ethics issues including conflicts of interest, attorney misconduct, fees, firm organization, unauthorized practice of law, and defending and prosecuting disqualification actions.
In commercial matters, Mr. Anderson represents both plaintiffs and defendants in connection with complex commercial disputes in both federal and state courts involving a variety of claims, including breach of fiduciary duty, breach of contract, breach of representations warranties, misrepresentation, and fraud.
Prior to joining Post & Schell, Mr. Anderson practiced for five years as the lead attorney in the Harrisburg office of a boutique litigation firm. Before that, Mr. Anderson spent nearly a decade in government service, where he held senior-level, in-house counsel positions with the Pennsylvania Office of Attorney General and the Pennsylvania General Assembly.
 | | Practice Areas: | | Ethics & Professional Responsibility | | | Online Media Type: | | Audio | | | Production Date: | | 05/19/2021 | | | Level: | | Intermediate | | | Category: | | Standard | | | Duration: | | 1 Hours, 8 Minutes | | | Online Format: | | On Demand | | | Course Type: | | Public |
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Purchase of this product provides online access for 180 days. If you are purchasing a live webcast, you will receive complimentary access to the on demand version for 180 days once it becomes available. Please note that the on demand and podcast versions may, or may not be accredited in your state.
If you intend to take a course for CLE credit, please make sure your state is listed in the "Accreditation" section to the upper right of the program description. Accreditation displayed is unique to the purchased program format (live conference, live webcast, on demand, podcast). Credit totals listed for live conferences are the maximum credits available. Credits issued will be based upon actual time in attendance. Credit totals for other formats are for complete programs. Partial credit is not available for any online or downloadable format.
West LegalEdcenter will not provide accreditation for states not listed.
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This product is intended for individual use by the named purchaser. Group viewings for online programs may be arranged for five or more attorneys within the same organization prior to viewing by emailing west.wlec-sales@thomson.com.
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| | • | Erik R. Anderson - Post & Schell P.C. | | • | Carolyn Kendall - Post & Schell P.C. |
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