Falcone and Segars Present on Upjohn Warnings to RTAC-ACC
Jeremy M. Falcone
Thomas H. Segars
Ellis & Winters is presenting sponsor of the upcoming RTAC-ACC Lunch and Learn where Jeremy Falcone and Tom Segars will present the program “Warn and Be Forewarned: The Importance of Clear Upjohn Warnings (and the Potentially Catastrophic Consequences of Not Providing Them).”
This program will be held on Wednesday, November 9, from 11:30 am – 1:30 pm at Ruth’s Chris Steak House in Cary, NC and is open to ACC members only.
Any lawyer who represents corporations will profess two facts as fundamental: (1) corporations act only through individuals; (2) the interests of those individuals can conflict with corporate interests. While a lawyer can do little to predict when these conflicts will arise, she can do a lot to prepare for them. A lawyer who has made her role clear to individual corporate actors through effective “Upjohn warnings” can deal with these conflicts without compromising her corporate client’s interests. Proceeding without the proper warnings, however, can open the lawyer and the corporation to liability. The corporation can find its defense interests compromised in criminal investigations or civil litigation. In this CLE, Jeremy Falcone and Tom Segars, partners at Ellis & Winters LLP, will update in-house counsel on best practices for giving effective Upjohn warnings and developments in the related law. Their presentation will examine what works, what doesn’t work, and the importance of getting Upjohn warnings right through the lens of several recent, high-profile cases.
This program has been approved for 1.0 hour of ethics and 0.5 hour of general NC CLE.