Panel 1: The Ethics of Mixing Litigation with Arbitration
Defendants have long used forced arbitration to stymie litigation. Plaintiffs’ complex litigation law firms are exploring various tactics to fight back. They may challenge forced arbitration clauses in court. They may pursue mass arbitrations. Or they may do both. What opportunities and risks arise for plaintiffs’ law firms in these efforts? What ethical considerations should inform their strategies? Defense counsel’s responses?
SpeakersJoshua P. Davis, Myriam Giles, Judith Resnik, Thomas Scott-Railton, Richard Zitrin
Panel 2: Legal Journalists and Lawyers in an Age of Government Reprisals
The government has been aggressive with the press and with law firms. How, if at all, should journalists and lawyers change their behavior given the possibility of government reprisal? Should they be more cautious about what they say? Less cautious? The same. Whose interests should they weigh in making those decisions?
SpeakersPaul Bland, Amanda Bronstad, Elizabeth Cabraser, Joshua P. Davis, Bonnie Eslinger
Panel 3: Ethics for Class Counsel and Claims Administrators in Class Settlements
In the past year, lawsuits have challenged the conduct of certain claims administrators and others in implementing class action settlements. This panel will take a forward-looking, problem-solving approach, considering various practices that have been criticized and related topics. What issues should class counsel and claims administrators consider in designing and overseeing settlements? What are best practices? What risks are there, if any, from an overcorrection?
Panel 4: The Federal Rules Advisory Committee and Ethics in Complex Litigation
Numerous courts have recognized that the ethical rules should be adapted in complex litigation, at least in class actions. They tend to look to the Federal Rules of Civil Procedure for guidance on various issues, including conflicts of interest and communication with absent class members. However, the drafters of ethics rules—include the Model Rules of Professional Conduct—largely ignore class actions and, arguably, other complex litigation. Do the drafter of the Federal Rules of Civil Procedure the implications of their work attorney ethics? Should they?
Panel 5: DEI and Ethics in the Throes of a Culture War
Law firms have always faced challenges in balancing various considerations: their values, the welfare of their partners and employees, and their commitment to the ends of their clients. The current resistance to DEI has created pitched these considerations against each other. How best can attorneys navigate these treacherous waters? Should they change their communications to the world, including their websites? Should they alter their strategies in court? Should they join—or avoid joining—public efforts to resist the current administration? Should they adjust which for-profit and pro bono cases they pursue?
Panel 6: The Ethics of Passing the Torch: Leaderships Changes at Plaintiffs’ Law Firms
Many plaintiffs’ law firms—even large ones—may be run a bit like family businesses. Their leadership can play a dominant yet informal role in law firm decisions. That can create various ethical and practical issues when one leadership team gives way to another. What challenges do transitions in law firm leadership created? What opportunities? What ethical issues arise?
