January 03, 2018

ABA to host 12th National Institute on Securities Fraud in Salt Lake City on Jan. 11-12

WASHINGTON, Jan. 3, 2018 — Top officials from both the U.S. Department of Justice and the U.S. Securities and Exchange Commission will be among the speakers participating in the 12th Annual National Institute on Securities Fraud, Jan. 11-12 in Salt Lake City. The exclusive educational and professional forum brings together leading experts from across the country to examine current legal and ethical issues relating to securities fraud.

Representing the SEC at the meeting will be Richard Best, regional director, Salt Lake City; Robert Dodge, assistant chief litigation counsel, Washington, D.C.; and Scott Friestad, associated director, Division of Enforcement, Washington, D.C. Also attending will be John Arterberry, former executive deputy chief, Department of Justice, Fraud Section, Nashville, Tenn.

What:   The 12th Annual National Institute on Securities Fraud
             Sponsored by the ABA Criminal Justice Section 
             and the Center for Professional Development

When:  Jan. 11-12, 2018

Where: Hilton Salt Lake City Center
             Salt Lake City, Utah   84101

Program highlights include:

“The Ties That Bind: Joint Defense and Common Interest Agreements in the Era of Corporate Cooperation, Data Privacy and Parallel Investigations” — This program will cover how to navigate the ethical minefield of fiduciary duties to owners/shareholders when the client is an organization under Model Rule 1.13, there is a zealous advocacy requirement under Model Rule 1.3 and a confidentiality requirement under Model Rule 1.6. All of these will impact decision-making when representing companies seeking cooperation credit in the midst of government investigations seeking “just the facts” while also entering into joint-defense and common-interest agreements with counsel for individuals and other entities.
Thursday, 10:30 a.m.

“Insider Trading—What is Prohibited?” — In Salman v. United States, the Supreme Court clarified both the reach and limits of insider trading liability. The Second Circuit’s Martoma decision soon followed the guidance. Likewise, the STOCK Act imposes specific restrictions on politicians and staffers who profit from “inside” information. What are the rules of the road now? How remote can the enforcers go? Are the rules the same for the public as for political types? Will the SEC prosecute people on Capitol Hill for insider trading? Speakers include the SEC’s Scott W. Friestad.
Thursday, 11:45 a.m.

“SEC’s Hot Focus Areas: Cyber Security, AML, Bank Secrecy Act…. Wait!” — These are not part of the Exchange Act of 1934? Why is the SEC spending so much time and effort focusing on these issues? What do you need to know to be prepared when they call? What are the next hot topics?
Thursday, 2 p.m.

“Internalizing Investigations: What Stays “Inside” and What Necessitates “Outside Counsel” Involvement?” — Do these factors vary by size and type of entity? How do internal surveillance products work? Are government expectations and/or maintaining the attorney-client privilege important factors? What about forensic auditors? When is it time to use them? How do you keep their work privileged? How do you get the most out of what they do? Are there ethical implications to consider—focusing on ABA Model Rules 1.6, 1.7 and 1.13 among others—from conducting employee interviews to contemplating and entering into common-interest and joint-defense agreements?
Friday, 9:15 a.m.

A complete program schedule can be found online.

There is no charge for media covering this event. To register, please contact Robert Robinson at 202-662-1097 or Robert.Robinson@americanbar.org.

With more than 16,000 members, the Criminal Justice Section is committed to improving the criminal justice system and to serving its members, the profession and the public. For more information on ABA Criminal Justice Section, go to www.americanbar.org/crimjust.

Go to www.abalegalfactcheck.com for the ABA’s new feature that cites case and statutory law and other legal precedents to distinguish legal fact from fiction.

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