The Intersection Between Antitrust, Ethics, and Compliance
Created on June 11, 2019
Lawyers practicing in a specialized area such as antitrust must be concerned not only about the technical requirements of antitrust laws, but also about their ethical obligations as attorneys. Not long ago, when prominent clients got in trouble, the attorneys would, at most, make a statement to a reporter while otherwise operating in the background. Recently, however, the focus of enforcement is increasingly directed at the lawyers as well. Was the legal team involved in the alleged illegality? Did they facilitate the client's activities by turning a blind eye to illegal conduct?
This program will review the basic ethical obligations for all lawyers, and drill down on common ways that ethical lines can be crossed - intentionally or otherwise - in the antitrust world.
- Review the basic ethical obligations under the Model Rules
- Discuss how technological advances are affecting the ethical practice of law
- Advise clients with an eye on the government's enforcement of criminal antitrust laws
- Analyze privilege issues in the antitrust context
- Consider the obligations of counsel with regard to maintaining compliance and preventing violations
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