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THE GOOD, THE BAD, AND THE UNETHICAL with 21ST Century Ethics Issues


Level: Advanced
Runtime: 84 minutes
Recorded Date: January 24, 2009
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Agenda

  • advance conflict of interest waivers
  • "subject matter" conflicts
  • changing firms, lateral hires & screening
  • avoiding conflicts when representing multiple parties
  • ethical issues in negotiations

    This program was recorded on January 24th, 2009.


  • For NY - Difficulty Level: Experienced attorneys only (non-transitional)

    Description

    This expert panel will discuss cutting edge legal ethics and related issues of importance to entertainment, media and intellectual property practitioners, including: advance conflict of interest waivers (including joint representation of companies and talent); "subject matter" conflicts; changing firms, lateral hires & screening; avoiding conflicts when representing multiple parties & interests; ethical issues in negotiations.

    This program was recorded on January 24th, 2009.


    Provided By

    Los Angeles County Bar Association
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    Panelists

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    F. Jay Dougherty

    Professor of Law
    Loyola Law School

    During law school Jay Dougherty was a Harlan Fiske Stone scholar, a staff member of the Columbia Law Review and editor of the Columbia Journal of Arts & the Law. His legal career began in the Entertainment Department of Paul, Weiss, Rifkind, Wharton & Garrison in New York, where his work included representation of Broadway composers and authors. His interest in the motion picture area led to positions at the Motion Picture/Television/Music Departments of Mitchell, Silberberg & Knupp, the legal departments at United Artists Pictures and Metro-Goldwyn-Mayer Pictures and the Business Affairs Department of Morgan Creek Productions. After a corporate takeover of MGM, Dougherty moved to the Legal Department of Twentieth Century Fox, where he became senior vice president of production and worldwide acquisition legal affairs. Before joining the Loyola faculty, Dougherty served as assistant general counsel for Turner Broadcasting System, responsible for Turner Pictures. He also taught as an adjunct professor at the University of Southern California Law Center for ten years.

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    Gary Williams

    Professor of Law
    Loyola Law School

    Gary Williams was staff counsel for the Agricultural Labor Relations Board from 1976-79 and staff attorney for the American Civil Liberties Union Foundation of Southern California from 1979-85. Williams was appointed assistant legal director of the American Civil Liberties Union Foundation of Southern California in 1985, a position he maintained until joining the Loyola Law School faculty in 1987.

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    Wendy Peterson

    General Counsel
    Knobbe Martens Olson & Bear LLP

    Ms. Peterson is General Counsel to the Firm. As General Counsel, Ms. Peterson handles all internal legal matters for the Firm. Prior to joining the Firm in 2002, Ms. Peterson was General Counsel of Wynn Oil Company, a manufacturer of automotive additives and provider of service contracts, and Assistant General Counsel of Parker-Hannifin Corporation's Seal Group, a manufacturer of rubber and engineered plastic products. From 1993 to 2000, Ms. Peterson was Assistant General Counsel of Wynn's International, Inc., a publicly-held corporation traded on the NYSE. From 1995 to 2000, Ms. Peterson also served as Corporate Secretary to Wynn¿s International. From 1985 to 1993, Ms. Peterson was a corporate and securities law attorney with O'Melveny & Myers. At O'Melveny, Ms. Peterson's practice focused on mergers and acquisitions, equity and debt financings, SEC compliance and general corporate law advice.

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    James Ham

    Principal
    Pansky Markle Ham LLP

    Jim Ham counsels attorneys regarding legal ethics compliance and defends them in State Bar disciplinary proceedings. He also handles select commercial and malpractice litigation. Mr. Ham is a lecturer at law in legal ethics at USC's Gould School of Law and serves as a member of the Board of Trustees of California Indian Legal Services and is the Los Angeles County Bar Association's (LACBA) liaison to the ABA Commission on Ethics 20/20. Mr. Ham was a LACBA Trustee for 2009-10 and is the immediate past chair of LACBA's Professional Responsibility and Ethics Committee. He also previously served a term on the State Bar's Standing Committee on Professional Responsibility, the ABA Litigation Section's Ethics and Professionalism Committee and the ABA Business Law Section's Firm Counsel Project. He has been named a Southern California Super Lawyer since 2006.

    Mr. Ham began his legal career at Kadison, Pfaelzer, Woodard, Quinn & Rossi. Thereafter, he helped form Quinn, Kully and Morrow in 1986. In 1996, he joined Arnold & Porter as a partner resident in its Los Angeles office, where he practiced for the next yen years, serving on the law firm's ethics and practice and risk management committees. In 2007, Mr. Ham started his own practice and in 2009 entered into a partnership with Ellen Pansky.

    Mr. Ham graduated from UCLA Law School in 1981 where he served as Executive Editor of the UCLA Law Review.

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    Aton Arbisser

    Chairman of the Litigation Department
    Kaye Scholer LLP

    Aton Arbisser is the Chairman of the Litigation Department of Kaye Scholer LLP's Los Angeles office and part of the firm's Antitrust and Products Liability groups. LESS Mr. Arbisser's practice encompasses a broad range of complex litigations. He has been nationally recognized for his successes in defending pharmaceutical companies in product liability cases and related consumer class actions. In the PPA products liability litigation, co-chaired the PPA joint defense team on experts and science issues, defeated a class action seeking refunds on millions of dollars of product containing PPA that had been withdrawn from the market, won the first-in-the-nation PPA trial, O'Neill, et al. v. Novartis Consumer Health, Inc., JCCP-4166 (L.A. Super. Ct. Jan. 22, 2004), and then successfully argued the appeal from the jury verdict for Novartis Consumer Health, Inc. Both the Daily Journal and the National Law Journal selected this verdict as one of the "Top 10 Verdicts of 2004." Mr. Arbisser was also recognized as one of California's leading practitioners in the Antitrust field and is cited in the Who'sWhoLegal: California 2009 publication.


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