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NLRB Readopts 2020 Joint Employer Rule, Sunsets Biden Rule

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S&G Article #2

Securities and governance litigation insights

The practice of law frequently crosses geographic boundaries, and ever-changing technology and communication methods present constant challenges to lawyers’ ability to maintain the confidentiality of their clients’ information and privileged communications, among other ethics and professional responsibility issues. Opposing counsel may attempt to exploit charges of ethical lapses, conflicts of interest and attorney-client privilege issues lapses for litigation advantage.

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<p>The practice of law frequently crosses geographic boundaries, and ever-changing technology and communication methods present constant challenges to lawyers’ ability to maintain the confidentiality of their clients’ information and privileged communications, among other ethics and professional responsibility issues. Opposing counsel may attempt to exploit charges of ethical lapses, conflicts of interest and attorney-client privilege issues lapses for litigation advantage.</p>

<strong>Ethics advice and consulting.</strong> We provide a wide range of services to general counsel offices and law firms regarding legal ethics and professional responsibility issues, including conflicts of interest, confidentiality, and attorney-client privilege and work product protections, especially those that arise in multijurisdictional matters.

Start with the basic building block of all narrative.

In a village of La Mancha, the name of which I have no desire to call to mind, there lived not long since one of those gentlemen that keep a lance in the lance-rack, an old buckler, a lean hack, and a greyhound for coursing.

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<p><strong>Ethics advice and consulting.</strong> We provide a wide range of services to general counsel offices and law firms regarding legal ethics and professional responsibility issues, including conflicts of interest, confidentiality, and attorney-client privilege and work product protections, especially those that arise in multijurisdictional matters.</p>

We also assist clients in establishing procedures to ensure that internal communications with key constituents remain privileged&nbsp;and in avoiding waiver through communications to third parties such as insurers or in the course of litigation.

<p>We also assist clients in establishing procedures to ensure that internal communications with key constituents remain privileged&nbsp;and in avoiding waiver through communications to third parties such as insurers or in the course of litigation.</p>

We can advise clients on the full range of ethics and legal risk management issues that confront in-house counsel, including:

<p>We can advise clients on the full range of ethics and legal risk management issues that confront in-house counsel, including:</p>

An organized collection of items displayed in a specific order.

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List


<ul class="wp-block-list">
<li>Managing conflict of interest issues, including joint defenses and intracorporate conflicts.</li>



<li>Attorney-client privilege (and waiver), including preserving privilege when the lines between business and legal advice are blurred&nbsp;and application of the privilege to successor entities and affiliates.</li>



<li>Ex parte communications with current and former managers and employees.</li>



<li>Conducting lawful and ethical internal corporate investigations and handling misconduct issues, including “who is the client” in such situations and how to best communicate that role, and the in-house counsel’s obligations to report “up the ladder.”</li>



<li>Employee confidential communications using employer-provided computers and email.</li>



<li>Improper acquisition and inadvertent disclosure of information and documents.</li>



<li>Ethical rules governing social media information.</li>



<li>Settlements and negotiations.</li>



<li>Professionalism and civility rules.</li>
</ul>


Managing conflict of interest issues, including joint defenses and intracorporate conflicts.

core/list-item

List Item

<li>Managing conflict of interest issues, including joint defenses and intracorporate conflicts.</li>

Attorney-client privilege (and waiver), including preserving privilege when the lines between business and legal advice are blurred&nbsp;and application of the privilege to successor entities and affiliates.

<li>Attorney-client privilege (and waiver), including preserving privilege when the lines between business and legal advice are blurred&nbsp;and application of the privilege to successor entities and affiliates.</li>

Ex parte communications with current and former managers and employees.

<li>Ex parte communications with current and former managers and employees.</li>

Conducting lawful and ethical internal corporate investigations and handling misconduct issues, including “who is the client” in such situations and how to best communicate that role, and the in-house counsel’s obligations to report “up the ladder.”

<li>Conducting lawful and ethical internal corporate investigations and handling misconduct issues, including “who is the client” in such situations and how to best communicate that role, and the in-house counsel’s obligations to report “up the ladder.”</li>

Employee confidential communications using employer-provided computers and email.

<li>Employee confidential communications using employer-provided computers and email.</li>

Improper acquisition and inadvertent disclosure of information and documents.

<li>Improper acquisition and inadvertent disclosure of information and documents.</li>

Ethical rules governing social media information.

<li>Ethical rules governing social media information.</li>

<li>Professionalism and civility rules.</li>

<ul><li>Managing conflict of interest issues, including joint defenses and intracorporate conflicts.</li><li>Attorney-client privilege (and waiver), including preserving privilege when the lines between business and legal advice are blurred&nbsp;and application of the privilege to successor entities and affiliates.</li><li>Ex parte communications with current and former managers and employees.</li><li>Conducting lawful and ethical internal corporate investigations and handling misconduct issues, including “who is the client” in such situations and how to best communicate that role, and the in-house counsel’s obligations to report “up the ladder.”</li><li>Employee confidential communications using employer-provided computers and email.</li><li>Improper acquisition and inadvertent disclosure of information and documents.</li><li>Ethical rules governing social media information.</li><li>Settlements and negotiations.</li><li>Professionalism and civility rules.</li></ul>

<strong>Protecting the attorney-client privilege.</strong> We provide CLE seminars on attorney-client privilege and ethics issues for in-house legal staffs.

<p><strong>Protecting the attorney-client privilege.</strong> We provide CLE seminars on attorney-client privilege and ethics issues for in-house legal staffs.</p>

<strong>Expert witness services. </strong>Our team members have been retained as expert witnesses on legal ethics and the law of lawyering in a variety of litigation matters, including employment disputes involving former corporate lawyers, the standard of care for attorneys, and confidentiality and privilege issues.

<p><strong>Expert witness services. </strong>Our team members have been retained as expert witnesses on legal ethics and the law of lawyering in a variety of litigation matters, including employment disputes involving former corporate lawyers, the standard of care for attorneys, and confidentiality and privilege issues.</p>

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<section class="wp-block-contentpilot-expand-more"><div class="wp-block-contentpilot-expand-more__excerpt is-visible" data-selector="expand-more"><p></p></div><div class="wp-block-contentpilot-expand-more__full-content" data-selector="expand-more"><p><strong>Ethics advice and consulting.</strong> We provide a wide range of services to general counsel offices and law firms regarding legal ethics and professional responsibility issues, including conflicts of interest, confidentiality, and attorney-client privilege and work product protections, especially those that arise in multijurisdictional matters.</p><p>We also assist clients in establishing procedures to ensure that internal communications with key constituents remain privileged&nbsp;and in avoiding waiver through communications to third parties such as insurers or in the course of litigation.</p><p>We can advise clients on the full range of ethics and legal risk management issues that confront in-house counsel, including:</p><ul><li>Managing conflict of interest issues, including joint defenses and intracorporate conflicts.</li><li>Attorney-client privilege (and waiver), including preserving privilege when the lines between business and legal advice are blurred&nbsp;and application of the privilege to successor entities and affiliates.</li><li>Ex parte communications with current and former managers and employees.</li><li>Conducting lawful and ethical internal corporate investigations and handling misconduct issues, including “who is the client” in such situations and how to best communicate that role, and the in-house counsel’s obligations to report “up the ladder.”</li><li>Employee confidential communications using employer-provided computers and email.</li><li>Improper acquisition and inadvertent disclosure of information and documents.</li><li>Ethical rules governing social media information.</li><li>Settlements and negotiations.</li><li>Professionalism and civility rules.</li></ul><p><strong>Protecting the attorney-client privilege.</strong> We provide CLE seminars on attorney-client privilege and ethics issues for in-house legal staffs.</p><p><strong>Expert witness services. </strong>Our team members have been retained as expert witnesses on legal ethics and the law of lawyering in a variety of litigation matters, including employment disputes involving former corporate lawyers, the standard of care for attorneys, and confidentiality and privilege issues.</p><p></p></div><button class="wp-block-contentpilot-expand-more__more-button is-visible" data-selector="expand-more">View More</button><button class="wp-block-contentpilot-expand-more__less-button" data-selector="expand-more">View Less</button></section>

Ethics and Privilege Consulting

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