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In an era of heightened government and regulatory scrutiny for employers across a wide range of laws and statutes, the importance for companies to perform their own thorough and effective internal investigations into allegations of wrongdoing has never been more apparent. In-house attorneys and outside law firms are frequently called upon to perform such investigations. When doing so, all attorneys must be mindful of the ethical duties and responsibilities that can be implicated in connection with such investigations. The failure to pay careful attention to these ethical obligations can have serious negative ramifications for both the corporate client and possibly the individual attorney as well.
Join John F. Fullerton III, a member of the firm at Epstein Becker & Green, P.C., who regularly conducts internal investigations and advises financial institutions and other corporate employers on employment and whistleblower related matters, as he discusses the important ethical considerations associated with internal corporate investigations.
I. Identify the distinctions in the roles of fact investigator and legal advisor
II. Explore the rules of establishing and maintaining attorney client privilege and establishing and maintaining attorney work product protection
III. Grasp the nature and scope of various waivers of privilege, including:
IV. Recognize the rules governing confidentiality of internal investigations
V. Understand the limitations on the use of Social Media in connection with internal investigations
JOHN F. FULLERTON III is a Member of the Firm in the Labor and Employment practice, in the New York office of Epstein Becker Green. He has substantial experience serving clients in the financial, health care, sports, real estate, and building service industries.
Since 2004, Mr. Fullerton has been an adjunct professor of law at Pace University School of Law, where he has taught classes in labor law and advanced appellate advocacy and served for nine years as the faculty advisor to the law school's National Moot Court team. A frequent lecturer, Mr. Fullerton has authored numerous articles on labor and employment topics for various publications, including The National Law Journal, The New York Law Journal, The Labor Lawyer, Employment Law360, Real Estate Weekly, Corporate Counsel, and Dispute Resolution Journal. He has also authored the book Employment Separation Agreements Line by Line: A Detailed Look at Employment Separation Agreements and How to Change Them to Meet Your Clients' Needs, published by Thomson West in 2011. He edits and contributes to the Financial Services Employment Law Blog and serves as coeditor of the firm's Act Now Advisories.
Mr. Fullerton is a graduate of Brown University and New York University School of Law, where he was editor-in-chief of the Moot Court Casebook and a recipient of the New York Council of Defense Lawyers' Norman Ostrow Scholarship. Following graduation, he clerked for the Hon. Allyne R. Ross of the U.S. District Court for the Eastern District of New York.
Mr. Fullerton has been selected for inclusion in The Best Lawyers in America (2007 to 2014) and New York Super Lawyers - Metro Edition (2007 to 2013). He is described as an "expert in labor union law" in the 2006 edition of Chambers USA: America's Leading Lawyers for Business.
Supreme Court of the United States
U.S. Court of Appeals for the Second Circuit
U.S. District Court, Eastern District of New York
U.S. District Court, Southern District of New York
J.D., New York University School of Law, 1994
B.A., Brown University, magna cum laude, 1988
One of the better, more concise ethics CLEs I have seen. TY!
Very informative and very interesting.
The content concerning social media and when a lawyer can "friend" another individual was very helpful
A very clear presentation with useful case citations.
Very clearcut session.
Great review and terrific that he took time to go over definitions that we are all assumed to know by word forever.
Very good delivery style ... kept a dry topic interesting with a conversational tone.
Relevant and useful content.
Smooth delivery and on point.
a lot to take in...helpful
Well done and relevant
Very professionally presented and lots of good information.
good content - interesting and different twist on typical ethics curriculum
Great work and great overview of the area.
Excellent presenter and material.
Well presented and included good practical advice.
excellent and relevant
Excellent and informative. One of the best and most useful ethics presentations I have taken.
Very well done.
very interesting topic
made it interesting--with current scenarios
Very Informative Thank you
great presentation- can be used in everyday practice!
Good presenter and informative presentation.
As in-house counsel, this program was excellent. Information in the course of immediately usable and practical. Loved it.
Very good program. Presenter knew subject matter very well.
Appreciated the inclusion of social media issues.
Excellent content, really helpful.
good refresher even for experienced counsel. legend on notes excellenct idea
Excellent course; knowledgable instructor.
Very good review.
Thorough and practical presentation.
Excellent coverage of "Ethical Issues Associated with Internal Investigations"
Very informative course.
Very good job in reminding us of some ethical minefields in the internal investigative process
Good overview of an important topic.
This was a particularly good one!
One of the better ones I've listened to. Thank you.
Overall good program.
Really helpful and engaging. Probably the most helpful course i've listened to since going in-house
Good quality program and materials that were well presented.
Good course, well-presented!
Helpful for in house attorney.
Very useful presentation for all attorneys regardless of their area of practice.
Excellent discussion and very practical and informative. The presenter did a great job of explaining what to be aware of in this area.
Very interesting !
Good explanation of the case law.
Great Course! Speaker was easy to listen to and explained the law and cases well.
Important area of ethics and well done.
Good discussion of privilege and protection
Excellent presentation. Good information for anyone, not just attorneys, involved in internal investigations.
Excellent faculty and just the right amount. The last 5 minutes on use of social media was great and deserves a larger timeframe.
Knowledgeable and articulate presenter.
Good presentation. Thanks.
I really liked this course. I find it very applicable in the in house context.
Written materials were excellent
excellent course, outstanding presentation
The presenter was excellent and the materials were concise and right on point
Very comprehensive and useful presentation.
Basic information, well presented. Should be seen by every lawyer once a year----
Neverbefore heard the privileges sliced and diced this much. Very helpful
smart and effective presentation of relevant and useful information.
Very relevant to my practice.
Nice working examples were provided.
Social media info at end was particularly helpful
Very well organized presentation!
Very interesting and thorough presentation
good balanced talk...just about the right amount of material
great instructor. So clear and concise. Highly recommend him.
Excellent coverage and explanation of privileges and application of various rules concerning confidentiality and confidentiality.
This was an outstanding program.
great presentation, clear good content.
Very good presenter
Outstanding discussion of ethical issues for attorneys working in-house or as outside counsel.
I liked his manner and how practically he presented the materials. Good stuff!
Covers a lot of ethics ground and also a helpful primer on ethical issues in representing a corporation in general.
Just the right amount of information, The presenter was not rushing through the materials. Just the right amount of practical advice to give some concrete fleshing out to the discussion.
Excellent and thorough presentation.
Excellent Program! Must see for attorneys --especially in-house counsel doing internal investigations
Excellent, informative presentation!
he is very good
I have done internal investigations intermittently for years, and this presentation gave me multiple points to use to polish my process and forms as well as pointers to some specific, helpful authorities. It was well worth the time. Thank you.
Mr. Fullerton was collegial and effective in his course presentation. Russell Brahm
This course contains lots of of good information. It could be expanded to a longer length in order to provide more detail and explanation.
thank you, presentation was helpful
The speaker is well organized and informative.
Good presentation. Helpful information.
Excellent and thorough. Very well panned and delivered.
Interesting review of internal investigations.
a must course
Faculty was excellent
The attorney was very good and well versed in the topic area.
He was great! Explanations clear and straight to the point.
excellent coverage in 1 hr.
The program was concise and comprehensive.
Crisp, clear, practical information and practice tips.
This was an excellent program
This was very well thought out and impressive in scope.
Excellent content and presenter.
Speaker was obviously comfortable with the subject matter and extremely knowledgeable.
One of the most relevant and useful CLE's I have taken (certainly with respect to ethics).
Very well done with specifics on the rules and the fine points.
Great course. The professor did an excellent job of teaching the material.
The social media nuances are an interesting wrinkle.
Great course. Very informative.
Very well done!
Excellent and useful presentation
Excellent all around!
good course. nice coverage of ethical considerations, as well as general employment law coverage.
Very insightful presentation. Impressed by the experience of the lecturer.
This was a good topic. I learned a lot.
This is an outstanding seminar. I would recommend it to all lawyers.
Great presentation. Very practical advice.
Very useful examples provided in the presentation.
Well presented and clearly explained.
very nice program thanks
this was an outstanding program. strong content. Good presenter. Met and exceeded expectations.
Very relevant and informative.
I enjoyed this presentation. It was informative, well supported by the materials, and thorough.
Good use of modern case law.
Very interesting and well done.
excellent presenter and advice
Very tricky area, well presented & thoughtful
Very helpful information
This topic was very to the point. Extremely informative.
I found it useful touching on some areas concerning the investigating vs representing that I had not considered before.
Really excellent. Would like to see him teach an investigations best practices class.
Good treatment of unusual subject
Extremely relevant material preseneted in well organized manner by learned speaker.
Written materials were concise and thoughtful.
Very succinct, thorough discussion of issues about which every lawyer involved in internal corporate investigations should be aware.
Excellent presentation on what it is, and is not, Attorney-Client privileged.
Very well done. Good detail and examples for attorneys of varying experience and areas of practice
Important topic. I will review updated versions.
Helpful distinctions between attorney-client privilege and work-product privilege and their ramifications.
This was one of the best CLE presentations I have experienced in years. The program was well organized and practical. The speaker provided helpful caselaw references, ethics rules citations and suggested wording for communications related to internal af
The attorney client privilege analysis was inciteful
Excellent presentation which is well organized, concise and clear.
Excellent, thorough, and well organized presentation by a highly knowledgeable presenter. Highly recommended!
Excellent overview of and important subject.
excellent and very informative presentation
Presentation was very clear and concise
Very concrete presentation. Thank you.
One of the very best Lawline programs I have seen.
Very good presentation!
Very, very good instructor