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Program Description

Significant Ethical Issues Facing Inside Counsel



Provided By: New York City Bar

Approved for CLE credit in: AK,AZ,CA,ME,ND,NJ,NY,WV

This program will explore ethics issues of significance to inside counsel and outside counsel working with inside counsel.

This program was recorded in New York on March 4th, 2009.

  • Corporate-family conflicts in the age of insolvency
  • Secondments
  • Legal outsourcing overseas
  • The "no-contact" rule and inside counsel
  • Inside counsel's responsibilities for discovery
  • Advance waivers and the use of screens
  • The pitfalls of inside counsel acting as negotiator

    This program was recorded in New York on March 4th, 2009.

  • CLE Credit Information

    Click on the state abbreviation to find the CLE Credit Information for your state.

    This program is has been approved for credit in AK,AZ,CA,ME,ND,NJ,NY,WV

    Experienced attorneys only (non-transitional)

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    Panelist Biographies

    James Paul

    Partner and General Counsel
    Clifford Chance US LLP

    Maura R.Grossman

    Wachtell, Lipton, Rosen & Katz

    Maura R. Grossman joined Wachtell, Lipton, Rosen & Katz as an associate in the Litigation Department in 1999, and was appointed as Counsel in 2007. Ms. Grossman has represented Fortune 100 companies and major financial services institutions in corporate and securities litigation, including civil actions and white collar criminal and regulatory investigations. Her practice presently focuses on advising lawyers and clients on legal, technical and strategic issues involving electronic discovery and information management, both domestically and abroad, as well as on matters of legal ethics.

    Ms. Grossman was appointed by the Chief Administrative Judge to serve as co-chair of the E-Discovery Working Group advising the New York State Unified Court System, and is involved in other initiatives to provide training on e-discovery to federal and state court judges, and court-appointed special masters and mediators. She also is a coordinator of the 2010 Legal Track of the National Institute of Standards and Technology's Text Retrieval Conference ("TREC"), a joint government/industry/academic research project studying the application of automated information retrieval technologies to e-discovery, and an adjunct professor at both the Rutgers School of Law - Newark and Pace Law School, where she teaches courses on e-discovery.

    Ms. Grossman speaks and writes frequently on e-discovery and legal ethics. She is a member of The Sedona Conference® Working Groups on Best Practices for Electronic Document Retention and Production, and on International Electronic Information Management, Discovery, and Disclosure. She assisted in editing The Sedona Conference® Commentary on Achieving Quality in the E-Discovery Process (May 2009). Ms. Grossman also serves on the Advisory Boards of BNA's Digital Discovery & e-Evidence Report, as well as the Georgetown University Law Center's Advanced E-Discovery Institute.

    Ms. Grossman graduated with an A.B., magna cum laude, from Brown University. She received an M.A. and Ph.D. in Clinical/School Psychology from Adelphi University, and a J.D., magna cum laude, Order of the Coif, from the Georgetown University Law Center. While at Georgetown, Ms. Grossman served as Executive Notes and Comments Editor of the Georgetown Law Journal.

    Ms. Grossman is a member of the Association of the Bar of the City of New York, and has served on its Committee on Professional and Judicial Ethics, as well as a member of the New York State Bar Association and the American Bar Association.


    Statewide Special Counsel for Ethics
    NYS Office of Court Administration

    Jeremy R. Feinberg is the Statewide Special Counsel for Ethics at New York's Office of Court Administration (OCA). In that capacity, he oversees the Judicial Campaign Ethics Center and provides ethics training, support and advice to the approximately 15,000 non-judicial employees of the Unified Court System. He also serves as one of the staff counsel to the Advisory Committee on Judicial Ethics, the panel of judges that provides ethical advice and opinions for all members of the New York State Judiciary. Mr. Feinberg frequently lectures on legal ethics at CLE programs around the state and contributes writings on ethics issues to the New York Professional Responsibility Report. He has taught ethics at Columbia University School of Law, NYU Law School, St. John's University School of Law and Cardozo Law School. He commenced a second three-year term on the New York City Bar Association's Committee on Professional and Judicial Ethics in 2007. He previously served on the New York City Bar Association's Professional Discipline Committee from September 2006 to August 2007 and the New York State CLE Board from 2003 to 2006. Mr. Feinberg is also OCA's Statewide Special Counsel for the Commercial Division. In that role he provides support and assistance to all of the Commercial Division courts throughout New York, and serves as a liaison between the Bench and the commercial Bar. Before joining OCA January 2006, Mr. Feinberg was a senior litigation associate at the New York office of Proskauer Rose, LLP where he handled sports law, commercial litigation, and ethics matters for the firm's clients. He served as Jaw clerk to the Honorable Judith S. Kaye. Chief Judge of the New York Court of Appeals, from December 1996 to December 1998. He is a 1995 graduate of Columbia University School of Law and a 1992 graduate of Columbia College.


    Weil, Gotshal & Manges LLP

    Paul Dutka is a partner in the firm's Securities Litigation and Corporate Governance Group. His practice includes securities, corporate, and insurance litigation in state and federal court, with an emphasis on class action litigation. He presently has a lead role representing Thomas H. Lee Partners, L.P. in securities, RICO, and insurance litigation arising out of its investment in Refco Group. Recently, Mr. Dutka represented a Koch Industries' subsidiary, which securitized loan receivables, in twelve federal securities litigations. Mr. Dutka also concentrates his practice in legal ethics, and he is presently the Chair of the Committee on Professional and Judicial Ethics of the New York City Bar. For several years, Mr. Dutka was also the editor of the firm¿s monthly Business & Securities Litigator. Mr. Dutka was previously the General Counsel - Litigation for Citigroup. He was also a lawyer with the US Securities and Exchange Commission¿s Division of Enforcement, and he regularly represents companies and individuals in enforcement proceedings brought by the SEC and the securities self-regulatory organizations. In addition, Mr. Dutka has extensive arbitration experience.

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    Significant Ethical Issues Facing Inside Counsel



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