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Legal Ethics Double Play: Five Ethical Traps in Defending Class Actions and Ethical Issues in Multijurisdictional Practice


Level: Advanced
Runtime: 62 minutes
Recorded Date: February 23, 2023
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Agenda

  • Introduction
  • Class Actions
  • Ethical Trap #1: Communications with Customers
  • Ethical Trap #2: Settlement Communications with Class Members
  • Ethical Trap #3: Attempting to Prevent Class Counsel from Suing Again
  • Ethical Trap #4: Asking Class Counsel for Indemnification
  • Ethical Trap #5: Allowing Class Counsel to Violate their Duties in a Way that Leads the Court to Reject Class Settlement
Runtime: 1 hour
Recorded: February 23, 2023

For NY - Difficulty Level: For experienced attorneys only (nontransitional)
For NY - Difficulty Level: Experienced attorneys only (non-transitional)

Description

In this installment of our Double Play series, our two, thirty-minute programs cover five ethical traps in defending class actions and ethical issues in multijurisdictional practice. Can your company offer customers a discount on future purchases in exchange for a waiver of claims after a class has been certified? Can you ethically obtain declarations from putative class members to help oppose class certification? This program considers these and other important ethical issues that often arise in class actions. How well do you know the rules that govern your ability to perform legal services in a state where you are not licensed or the sanctions for violating them? This program gives you the guidance you need to avoid engaging in the unauthorized practice of law.

This program was recorded on February 23, 2023.

Provided By

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Panelists

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Zachary S. McGee

Senior Vice President, Business Affairs
Sony Pictures Entertainment

Zach McGee is Senior Vice President, Business Affairs, for Sony Pictures Entertainment in Culver City where he leads worldwide business affairs for Sony’s home entertainment division. Before moving to Sony, Mr. McGee was the Senior Vice President, Head of Business & Legal Affairs at Miramax, a leading independent film and television studio.

Before joining Miramax, Mr. McGee was a Vice President, Legal Affairs, with NBC Universal, Inc. Prior to moving in-house, Mr. McGee was an associate with Davis Polk. He clerked for the Honorable Michael B. Mukasey, Chief Judge, United States District Court for the Southern District of New York.

Mr. McGee is a magna cum laude graduate of Harvard College and Harvard Law School, and he received his Masters of Business Administration from the UCLA Anderson School of Management.

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J. Warren Rissier

Partner
Morgan, Lewis & Bockius LLP

J. Warren Rissier counsels on defense of class actions and other complex commercial litigation, with emphasis on consumer actions, securities, professional liability, and real estate disputes. Warren successfully represents individual and corporate clients in proceedings in California courts and other jurisdictions across the country, as well as in arbitrations and government investigations. Warren is co-author of “Class/Collective Actions in the United States” published by Practical Law.

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