Originally presented on June 18, 2019.
In employment law practice, lawyers are exposed to the most sensitive personnel information about workplaces – employee communications and possible misconduct, employer supervisory practices and communications with and about employees, and other sensitive personal information. At each step of investigating, informally resolving or formally litigating an employment dispute there are substantial ethical issues. These involve the propriety of pre-trial investigations, conflicts of interest and waivers of those conflicts, social media usage and discovery, among many others. This program will provide you with a real-world guide to identifying ethics issues at each stage of an employment dispute, assessing risks, and best practices.
• Confidentiality surrounding highly sensitive personnel issues
• Issues involving pre-trial investigations, including social media and texting
• Contact with represented/unpresented parties
• Ex parte communications – current v. former employees
• Conflicts of interest and waivers in employment litigation
• Ethical issues arising in discovery practice
• In-house counsel legal advice v. business function
Speakers: Thomas E. Spahn, McGuireWoods, LLP, McLean, VA and Elizabeth Treubert Simon, Akin Gump Strauss Hauer & Feld LLP, Washington, DC
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