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Carolyn Kendall and Erik Anderson Present on Counsel's Obligations for Addressing Potential Management Violations on West/Thomson Reuters CLE Webinar on May 19

On May 19, 2021, Carolyn H. Kendall and Erik R. Anderson presented, "'Up the Ladder” Reporting: Counsel’s Ethical Obligations for Addressing Potential Misconduct by Executive-Level Managers," at 12:00 PM ET. The CLE webinar, sponsored by West/Thomson Reuters, offered 1 Ethics credit.

This ethics program discussed a lawyer’s legal and ethical obligations when he or she believes that a member of management is no longer fit to carry out company responsibilities or potentially violating company policy or the law. Drawing from real-world examples, this program ensures that both in-house and outside counsel understand their role and obligations under such circumstances and provide them with practical steps to navigate these complex situations.

The presenters covered: 

  • Counsel's applicable ethical duties under the Model Rules and the Sarbanes Oxley Act of 2002, including when or if a “noisy withdrawal” is required.
  • When and under what circumstances they can or should report to the Board or other governing body.
  • The role of internal investigations conducted by outside counsel, including potential risks and complexities for in-house counsel who may have been involved in the underlying fact pattern.