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Ethics in Arbitration 2012

Released on: Aug. 28, 2012
Running Time: 01:59:50

There has been a proliferation of ethical guidelines and Codes which seek to simplify the issue of what and how much an arbitrator needs to disclose before (or during) an arbitration. Despite all these efforts, the U.S. Supreme Court continues to apply the “evident partiality” standard of the Federal Arbitration Act that was espoused over forty years ago in the Commonwealth Coatings case. The result is a non-uniform body of case law from the different circuit courts that has resulted in uncertainty and even in the extreme result of the vacation of an arbitral award for non-disclosure by an arbitrator. This practical program, taught by experienced practitioners, will seek to clarify the relevant issues and provide strategies for dealing with them effectively.

Lecture Topics  [Total time 01:59:50]

Segments with an asterisk (*) are available only with the purchase of the entire program.

  • Ethics in Arbitration [01:59:50]
    Luis M. Martinez, Robert B. Davidson, Dana C. MacGrath, Helena Tavares Erickson

The purchase price of this Web Program includes the following articles from the Course Handbook available online:

  • New York Rules of Professional Conduct
  • The Legal Profession and Conflicts: Ain't No Mountain High Enough?
    C. Evan Stewart
  • In-House Counsel As Whistleblower: A Rat with a Remedy?
    C. Evan Stewart
  • Documents and Lawyers: Oil and Water?
    C. Evan Stewart
  • With Apologies to the Jackson Five: One Bad Apple Can Spoil the Whole Bunch!
    C. Evan Stewart
  • Caveat Corporate Litigator: The First Circuit Sets Back the Attorney Work Product Doctrine
    C. Evan Stewart
  • Thus Spake Zarathustra (And Other Cautionary Tales for Lawyers)
    C. Evan Stewart
  • Just When Lawyers Thought It Was Safe to Go Back Into the Water
    C. Evan Stewart
  • Ethics and Issues Relating to Attorney Work Product and Federal Rule of Evidence 502
    David S. Versfelt
  • Appendix
    David S. Versfelt
  • Ethics and In-House Corporate Counsel
    Carole L. Basri
  • The Ethical Difficulties of Court-Ordered Inspections of Social Networking Accounts
    Stephen D. Brody
  • Model Rule for the Lawyer As Third-Party Neutral
    Helena Tavares Erickson
  • Conflicts of Interest, What Are They, and Must They All Be Disclosed?
    Robert B. Davidson
  • The Attorney-Client Privilege and Internal Investigations: Privilege Issues in Structuring an Investigation and Interviewing Witnesses
    Mary Beth Hogan, Andrew J. Ceresney
  • "The Perils and Possibilities of the Joint Defense Agreement"
    Andrew J. Ceresney
  • "Disclosure of Internal Corporate Deliberations"
    Andrew J. Ceresney
  • "Attorney-Client Privilege and Issues for Corporate Counsel"
    Andrew J. Ceresney
  • "Investigations Foreign and Domestic: Choice-Of-Law and Discovery"
    Andrew J. Ceresney
  • "Dealing with Former Employees in Internal Investigations"
    Andrew J. Ceresney
  • "Privacy in the Workplace: An Oxymoron?"
    Andrew J. Ceresney
  • "Attorney Consultation in Presence of Spouse: Preserving Privilege"
    Andrew J. Ceresney
  • "Should Corporations Self-Report Wrongdoing?"
    Andrew J. Ceresney
  • "Whistleblower Reforms in Dodd-Frank Act"
    Andrew J. Ceresney
  • "The Origins of 'Upjohn' Warnings"
    Andrew J. Ceresney
  • "Preserving Privilege Over Internal Investigations in Derivative Litigation"
    Andrew J. Ceresney
  • Index to Ethics in Context: Summer 2012
Presentation Material
  • Ethics in Arbitration
    Dana C. MacGrath
  • The Code of Ethics for Arbitrators in Commercial Disputes
    Luis M. Martinez
  • Notice of Appointment Form / AAA
    Luis M. Martinez
  • Notice of Appointment Form / ICDR
    Luis M. Martinez
  • International Dispute
    Luis M. Martinez
Chairperson(s)
Helena Tavares Erickson ~ Senior Vice President, International Institute for Conflict Prevention & Resolution
Speaker(s)
Robert B. Davidson ~ Arbitrator, Mediator, and Executive Director, JAMS Arbitration Practice
Dana C. MacGrath ~ Allen & Overy LLP
Luis M. Martinez ~ Vice President, International Centre for Dispute Resolution

PLI makes every effort to accredit its On-Demand Web Programs and Segments.  Please check the CLE Calculator above for CLE information specific to your state.

On-Demand Web Programs and Segments are approved in:

Alabama1, Alaska, California, Colorado, Delaware, Florida, Georgia, Hawaii, Idaho*, Illinois , Iowa2*, Kansas, Kentucky*, Louisiana, Maine*, Mississippi, Missouri3, Montana, Nebraska, Nevada, New Hampshire4, New Jersey, New Mexico5, New York6,  North Carolina7, North Dakota, Ohio8, Oklahoma9, Oregon*, Pennsylvania10, Rhode Island11, South Carolina, Tennessee12, Texas, Utah, Vermont, Virginia13, Washington, West Virginia, Wisconsin14 and Wyoming*.

Iowa, Mississippi, Oklahoma, and Wisconsin DO NOT approve Audio Only On-Demand Web Programs.

Minnesota 
approves live webcasts ONLY

Please Note: The State Bar of Arizona does not approve or accredit CLE activities for the Mandatory Continuing Legal Education requirement. PLI programs may qualify for credit based on the requirements outlined in the MCLE Regulations and Ariz. R. Sup. Ct. Rule 45.

*PLI will apply for credit upon request. Louisiana and New Hampshire: PLI will apply for credit upon request for audio-only on-demand web programs.


1Alabama: Approval of all web based programs is limited to a maximum of 6.0 credits.

 

2Iowa:  The approval is for one year from recorded date. Does not approve of Audio-only On-Demand Webcasts.

3Missouri:  On-demand web programs are restricted to six hours of self-study credit per year.  Self-study may not be used to satisfy the ethics requirements.  Self-study can not be used for carryover credit.

 

4New Hamphsire:  The approval is for three years from recorded date.

5New Mexico:  On-Demand web programs are restricted to 4.0 self-study credits per year. 


6New York:  Newly admitted attorneys may not take non-traditional course formats such as on-demand Web Programs or live Webcasts for CLE credit. Newly admitted attorneys not practicing law in the United States, however, may earn 12 transitional credits in non-traditional formats. 

7North Carolina:  A maximum of 4 credits per reporting period may be earned by participating in on-demand web programs. 


8Ohio:  To confirm that the web program has been approved, please refer to the list of Ohio’s Approved Self Study Activities at http://www.sconet.state.oh.us.  Online programs are considered self-study.  Ohio attorneys have a 6 credit self-study limit per compliance period.  The Ohio CLE Board states that attorneys must have a 100% success rate in clicking on timestamps to receive ANY CLE credit for an online program.

9Oklahoma:  Up to 6 credits may be earned each year through computer-based or technology-based legal education programs.


10Pennsylvania:  PA attorneys may only receive a maximum of four (4) hours of distance learning credit per compliance period. All distance learning programs must be a minimum of 1 full hour.
 

11Rhode Island:  Audio Only On-Demand Web Programs are not approved for credit.  On-Demand Web Programs must have an audio and video component.

12Tennessee:  The approval is for the calendar year in which the live program was presented.

13Virginia: All distance learning courses are to be done in an educational setting, free from distractions.

14Wisconsin: Ethics credit is not allowed.  The ethics portion of the program will be approved for general credit.  There is a 10 credit limit for on-demand web programs during every 2-year reporting period.  Does not approve of Audio-only On-Demand Webcasts.


Running time and CLE credit hours are not necessarily the same. Please be aware that many states do not permit credit for luncheon and keynote speakers.


If you have already received credit for attending some or the entire program, please be aware that state administrators do not permit you to accrue additional credit for repeat viewing even if an additional credit certificate is subsequently issued.


Note that some states limit the number of credit hours attorneys may claim for online CLE activities, and state rules vary with regard to whether online CLE activities qualify for participatory or self-study credits. For more information, call Customer Service (800) 260-4PLI (4754) or e-mail info@pli.edu.

 
Related Items

Handbook  Course Handbook Archive

Ethics in Context: Summer 2013 Nicole Hyland, Frankfurt Kurnit Klein & Selz PC
Carole L. Basri, Executive Director of the Corporate Compliance Program, Fordham University Law School
Carole L. Basri, Fordham University Law School & Corporate Lawyering Group LLC
C. Evan Stewart, Zuckerman Spaeder LLP
Cristina R. Yannucci, Lewis Brisbois Bisgaard & Smith LLP
Stephen D. Brody, O'Melveny & Myers LLP
Stephen D. Brody, O’Melveny & Myers LLP
Helen V. Cantwell, Debevoise & Plimpton LLP
Nicole Hyland, Frankfurt Kurnit Klein & Selz PC
Cristina R. Yannucci, Lewis Brisbois Bisgaard & Smith LLP
Bennett J. Wasserman, legalmalpractice.com
Brett A. Scher, Kaufman Dolowich Voluck & Gonzo LLP
Jason Sabot, JP Morgan Chase & Co
Philip N. Yannella, Ballard Spahr LLP
Raja Chatterjee, Morgan Stanley
Claudia T. Morgan, Wachtell Lipton Rosen & Katz
Noah J. Hanft, MasterCard Worldwide
David Boyd Booker, Crédit Agricole Corporate & Investment Bank
Christina B. Dugger, United States Attorney's Office, Eastern District of New York
 
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