A reception will follow the program
 
3.5 hours of Illinois professional responsibility CLE creditpending approval
Current FBA members only
 
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David T. ErieProfessional Responsibility PartnerKirkland & Ellis LLP
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Leslie S. GarthwaiteLitigation PartnerKirkland & Ellis LLP
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Martin L. RothLitigation PartnerKirkland & Ellis LLP
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Sarah P. HerlihyAssistant General CounselKirkland & Ellis LLP
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Ann M. OstranderSenior Risk Management DirectorKirkland & Ellis LLP
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This annual program provides an overview of trends and developing issues in legal ethics
 
1:15 pm
Check-in
 
1:30 pm
Lawyers Getting Into Hot Water: Recent Sanctions and Disciplinary Cases
The session will review (1) recent sanctions cases involving conduct during discovery found to be misleading; findings of destruction and withholding of relevant digital information; and deposition conduct, and (2) a recent disciplinary complaint involving allegations of misrepresentation and dishonesty.
David T. Erie, Professional Responsibility Partner, Kirkland & Ellis LLP
 
2:30 pm
Compensation of Fact Witnesses: Handling the Legal, Ethical and Practical Issues
The scenario is not uncommon. A person with knowledge of facts relevant to litigation is no longer employed at a company.  For him to assist with fact development or discovery, he must take time off from his new job.  And he must devote even more time when the other party wants to depose him, or when you want him to serve as the company’s Rule 30(b)(6) witness—not to mention the out-of-pocket expenses he will incur.  Can the company compensate the witness for these efforts? If so, how much compensation is permitted?  This session will consider these and other related issues.
Leslie S. Garthwaite, Litigation Partner, Kirkland & Ellis LLP
 
3:15 pm
Break
 
3:30 pm
#TwitterEthics: Issues Created by Social Media Use at Trial
Social media has become pervasive in many of our lives.  Some studies show that as many as two-thirds of Americans use social media.  But what happens when jurors or counsel use social media to air their views during trial?  What limitations are posed on counsel’s use of social media to learn about potential witnesses and jurors?  And how do the ethics rules and guidance apply?  This session will seek to address these and other questions and discuss the practical rules that govern in this developing area.
Martin L. Roth, Litigation Partner, Kirkland & Ellis LLP
 
4:15 pm
What Should a Phish Do? Preparing For A Breach of the Cybersecurity Dam
Law firms are under attack every day from myriad cyber threats such as hackers and automated bots.  Some individuals engage in such attacks for fun; others are far more nefarious and want to gain access to your firm’s information—or worse, your clients’ confidential information.  Are you doing all you can to protect your client’s secrets?  In this session, we will walk through the steps that you should be taking to prepare for a cybersecurity breach as well as the applicable rules of professional conduct that you should keep in mind when dealing with client information.
Sarah P. Herlihy, Assistant General Counsel, Kirkland & Ellis LLPAnn M. Ostrander, Senior Risk Management Director, Kirkland & Ellis LLP
 
5:00 pm
Reception