Thorny Ethics Issues You Can’t Ignore
A Complimentary LexisNexis® Webinar
September 27, 2016
Abraham C. Reich, Fox Rothschild LLP
Lucian T. Pera, Adams & Reese
Michael J. Silverman, Duane Morris
Amar D. Sarwal, Association of Corporate Counsel

1LexisNexis Webinar: Thorny Ethics Issues You Can’t Ignore September 27, 2016
About the Speakers
Abraham C. Reich
Co-chair
Fox Rothschild LLP
Named as one of the leading litigation attorneys in Pennsylvania by Chambers
USA, Abe’s practice involves all aspects of business litigation, including:
•antitrust
•Securities
•trade secrets
•intellectual property matters
•legal ethics and professional responsibility
•alternative dispute resolution
•other corporate matters
Abe also represents lawyers and serves as an expert witness in legal ethics,
professional responsibility and law firm matters. Abe teaches a course at the
University of Pennsylvania School of Law entitled, "Ethics and Advocacy - From
the Boardroom to the Courtroom." He frequently lectures and writes on business
litigation, legal ethics and professional responsibility.

2LexisNexis Webinar: Thorny Ethics Issues You Can’t Ignore September 27, 2016
About the Speakers
Lucian T. Pera
Partner
Adams & Reese LLP
Memphis Partner Lucian T. Pera joined Adams and Reese in 2006 and focuses
his practice on commercial litigation, media law, and legal ethics work. Lucian is a
past Treasurer of the American Bar Association and a future President of the
Tennessee Bar Association.
Lucian’s civil litigation practice has ranged widely and includes a variety of
commercial, personal injury and intellectual property litigation, as well as
numerous state and federal appeals.
Lucian’s extensive bar association work in the field of legal ethics and
professional responsibility has resulted in local Tennessee, and national practice
and leadership. He represents and advises attorneys, law firms, their clients, and
businesses who deal with lawyers about all aspects of the law. Recent
assignments have included defense of lawyers in disciplinary investigation,
counseling clients with disciplinary and other claims against lawyers, advising law
firms about loss prevention and claims, and defending and prosecuting motions to
disqualify lawyers or for sanctions.

3LexisNexis Webinar: Thorny Ethics Issues You Can’t Ignore September 27, 2016
About the Speakers
Michael J. Silverman
Partner and General Counsel
Duane Morris LLP
Michael J. Silverman is a partner in and General Counsel of Duane Morris LLP. He
is the chair of the firm's Information Technologies and Telecommunications Practice
Group and a member of the Trial Practice and Professional Liability Defense
Groups.
As General Counsel, Mr. Silverman provides risk management and ethics
guidance to the firm's more than 750 lawyers. Mr. Silverman also maintains an
active litigation practice, and regularly defends law firms against all manner of
claims.
Mr. Silverman represents clients in computer, e-commerce and technology law
transactions, systems development disputes, commercial disputes and shareholder
disputes. Mr. Silverman has counseled clients (vendors and users) on negotiating
and drafting systems development contracts and outsourcing agreements,
domestic and international software license agreements, Web hosting and
development agreements, and telecommunications service agreements. Mr.
Silverman has also litigated a number of large-scale information technology and e-
commerce system failure disputes, as well as complex financial fraud, shareholder
trade secret, non-competition, and commercial disputes in state and federal courts
and before arbitrators.

4LexisNexis Webinar: Thorny Ethics Issues You Can’t Ignore September 27, 2016
About the Speakers
Amar D. Sarwal
Vice President and Chief Legal Strategist
Association of Corporate Counsel
Amar D. Sarwal is the Vice President and Chief Legal Strategist of the Association
of Corporate Counsel (ACC) in Washington, D.C. ACC is the world's largest legal
association dedicated exclusively to serving the interests of in-house counsel.
With an international membership of more than 40,000 in-house lawyers at more
than 10,000 organizations in 85 countries, ACC serves as the "voice of the in-
house bar" for corporate lawyers at 98 percent of the Fortune 100 and 51 percent
of the Global 1000.
In this position, Sarwal leads efforts to engage Chief Legal Officers and other
legal executives, to challenge both law firms and in-house counsel to deliver real
value for their clients and to shape the legal environment so that it advances the
professional interests and unique perspectives of the in-house bar. To accomplish
those objectives, he works with ACC’s leadership and members, government
regulators and other organizations.
Sarwal joined ACC in 2010 as Associate General Counsel, directing key advocacy
efforts and issues of importance to in-house counsel and the bar at large, such as
multijurisdictional matters, corporate responsibility, attorney-client privilege, ethics
and other issues that affect the ability of in-house counsel to provide effective
guidance to their corporate clients.

5LexisNexis Webinar: Thorny Ethics Issues You Can’t Ignore September 27, 2016
SUBJECT MATTER / INFORMATION CONFLICTS
A. RPC 1.7 – Conflicts of Interest: Current Client
B. Comment 6, RPC 1.7
C. Comment 24, RPC 1.7
D. Rule 1.6 – Confidentiality of Information
E. Rule 1.9. Duties to Former Clients
F. Rule 1.10: Imputation of Conflicts of Interest: General Rule

6LexisNexis Webinar: Thorny Ethics Issues You Can’t Ignore September 27, 2016
SUBJECT MATTER / INFORMATION CONFLICTS
Cases
Steel Workers Pension Trust v. The Renco Group, Inc. et al. (USDC, WD PA;
C.A. 16-190, July 7, 2016, Memorandum and Order)
Axcess International, Inc. v. Baker Botts (D.C. Texas, No. 05-14-01151-CV.;
March 24, 2016 Opinion)
Mailing v. Finnegan, Henderson, Farabow, Garrett & Dunner, LLP, et al., 42
N.E. 3d 199 (Mass. 2015)
Molins PLC v. Textron, Inc., 48 F.3d 1172 (Fed. Cir. 1995)
Westinghouse Electric Co. v. Kerr McGee, 580 F.2d 1311 (7th Cir. 1978)

7LexisNexis Webinar: Thorny Ethics Issues You Can’t Ignore September 27, 2016
ADVANCE CONFLICT WAIVERS
A. ABA Formal Opinion 05-436, Informal Consent to Future Conflicts of
Interest (May 11, 2005)
B. Sheppard, Mullin, Richter & Hampton, LLP v. J-M Mfg. Co., Inc., 198 Cal.
Rptr. 3d 253 (Cal. Ct. App. 2016)
C. Mylan, Inc. v. Kirkland & Ellis LLP, Civil Action No. 2:15-cv-00581-JFC-LPL
(W.D. Pa. Jun. 9, 2015)
D. W. Sugar Coop. v. Archer-Daniels-Midland Co., 98 F. Supp. 3d 1074 (C.D.
Cal. 2015)
E. GEM Holdco, LLC v Changing World Tech., L.P., 46 Misc. 3d 1207(A) (N.Y.
Sup. Ct. 2015)

8LexisNexis Webinar: Thorny Ethics Issues You Can’t Ignore September 27, 2016
ALTERNATIVE LITIGATION FUNDING
A. Development of the market for litigation funding – consumer,
commercial, and intellectual property matters
B. Champerty, maintenance, and related issues
C. Fee-sharing, conflicts, and related ethics issues
D. Privilege, work product and confidentiality issues

9LexisNexis Webinar: Thorny Ethics Issues You Can’t Ignore September 27, 2016
IN-FIRM PRIVILEGE ISSUES
A. Stock v. Schnader Harrison Segal & Lewis LLP, 35 N.Y.S.3d 31 (N.Y. App.
Div. 2016)
B. Loop AI Labs Inc. v. Gatti, Case No. 15-cv-00798-HSG(DMR), 2016 WL
730211 (N.D. Cal. Feb. 24, 2016)
C. Moore v. Grau, No. 2013-cv-150, 2014 N.H. Super. LEXIS 20 (N.H. Super.
Ct. Dec. 15, 2014)
D. Edwards Wildman Palmer LLP v. Superior Court, 180 Cal. Rptr. 3d 620
(Cal. Ct. App. 2014)

10LexisNexis Webinar: Thorny Ethics Issues You Can’t Ignore September 27, 2016
VEREINS – UNUSUAL LAW FIRM STRUCTURES AND
CONFLICTS OF INTEREST
A. What is a “Verein”?
B. Why do we care?

11LexisNexis Webinar: Thorny Ethics Issues You Can’t Ignore September 27, 2016
Question and Answer Session
Thank You!