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With 17 offices, from New York to Los Angeles and Seattle to Orlando, we live and work in communities all over the U.S., collaborating across locations, disciplines and even borders. Our experienced, highly ranked lawyers serve businesses wherever they are and wherever they want to go.

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Pro Bono

Am Law 100 firm with practices in Business, Digital Assets and Data Management, Intellectual Property, Labor & Employment, Litigation and Tax.

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Data Counsel

It’s Officially Enforcement Season: OCR Announces First Penalty Under New Risk Analysis Initiative

Is It Dead? The Department of Labor’s 2024 Rule Increasing the Minimum Salary Threshold for Exempt Employees Is Vacated – For Now

Federal Contractors Must File Objections to Prevent the Release of EEO-1 Reports Under FOIA

Daniel Kaufman Comments on Changes to FTC Under Trump Administration

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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Ethics advice and consulting. 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.

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.

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

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

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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.

Ex parte communications with current and former managers and employees.

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.”

Employee confidential communications using employer-provided computers and email.

Improper acquisition and inadvertent disclosure of information and documents.

Ethical rules governing social media information.

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

Expert witness services. 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.

Ethics and Privilege Consulting

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