Current Ethical Issues in the Practice of Securities Law: Investigating Allegations of Fraud in a Public Company (OnDemand)
Originally held on Wednesday, November 17, 2021 | 9:00 am - 11:00 am
Program Fee:
$149 for Members | $249 for Nonmembers
Members who are Recent Law Graduates, Newly Admitted Lawyers (admitted for the first time in any state or country 2020-2022), In-House/Corporate Counsel, Judges, and attorneys who practice within the Government, Academic or Not-for-Profit sectors attend this program for free.
CLE Credit:
New York: 2.0 Ethics
New Jersey: 2.1 Professional Responsibility
California: 1.5 Professional Responsibility
Pennsylvania: 1.5 Professional Responsibility
Connecticut: Available to Licensed Attorneys
Please Note: Newly admitted NY attorneys cannot fulfill ethics or skills credits through our on-demand programs under OCA rules. For more information on this, please see http://www.nycourts.gov/attorneys/cle/changes_for_2016.shtml.
Description:
A public company compliance crisis, such as the discovery of possible
accounting fraud, can have extreme ramifications, including law
enforcement issues, financial reporting and accounting, and ethical
complications for counsel – all in a fast-paced scenario in which the
company’s survival might hang in the balance. In this high pressure
scenario, counsel playing various roles confront difficult judgment
calls to protect their clients while recognizing and complying with
their own ethical responsibilities.
Using a role playing format that proceeds through a pre-prepared
hypothetical, this two-hour program explores the ethical, strategic, and
securities law issues associated with handling a major public company
compliance crisis that comes to light through an anonymous
whistleblower. The panelists present these issues through a
pre-prepared series of role-playing vignettes, each proceeding
chronologically as the crisis intensifies. We envision five panelists –
each playing a specific character in the hypothetical: (1) In-house
counsel for the public company; (2) outside counsel for the board’s
audit committee; (3) enforcement counsel from the SEC; (4) outside
counsel for the public company’s audit firm; and (5) outside counsel for
the former CFO who is in the middle of the crisis.
You Will Learn About:
- Ethical and SEC issues associated with up-the-ladder reporting for in-house/outside counsel
- How to respond to document and information requests from the SEC
in the high-pressure situation of a quickly unfolding corporate crisis
- How to respond to and manage public company auditors in the high-pressure situation of a quickly unfolding corporate crisis
Click Here to View Program Agenda & Faculty
Program Co-Chairs:
Daniel J. Kramer, Paul, Weiss, Rifkind, Wharton & Garrison LLP
Barry Rashkover, Sidley Austin LLP
Sponsoring Association Committees:
Securities Litigation, Laura H. Posner, Chair
White Collar Crime, Marshall L. Miller, Chair