Corporate Counsel as Gatekeepers

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An evolving view of the lawyer representing the corporation – working in-house or at an outside firm – is someone charged with more than just protecting the client. Corporate counsel are described as “gatekeepers” responsible for enhancing the integrity of the organization by deterring wrongdoing and, if necessary, revealing it to the appropriate regulators and prosecutors.

Indeed, the need to be viewed as cooperative drives many cases involving corporate misconduct as the government frequently relies on internal investigations to expose the extent of potential violations. The U.S. Department of Justice has gone a step further, telling corporations that the adequacy of their cooperation
will be judged on whether they identify culpable individuals, including senior management, by furnishing evidence that can be used to prosecute them.

It’s a world fraught with danger, especially for in-house counsel representing a single client. Prosecutors and regulators expect – and sometimes even demand
– prompt disclosure of information and a willingness to confess to a company’s culpability. Protections afforded to lawyers by the attorney-client privilege and work product doctrine, and even the long-cherished view of the lawyer as a zealous advocate for the client, may be in some peril.

The Wayne Law Review Symposium will consider how the role of corporate counsel as a gatekeeper affects the representation of the organizational client. We will
look at the legal, ethical and practical difficulties facing attorneys representing corporate clients who must deal with the government on a regular basis, whether because of potential wrongdoing or just as a matter of course because of regulatory requirements.

Opening remarks will be at 9 a.m. by Wayne Law Dean Jocelyn Benson; Dennis Lienhardt, Editor-in-Chief of Wayne Law Review; and Judge Avern Cohn, U.S. District Court for the Eastern District of Michigan.

At 9:15 a.m. former U.S. Senator Carl Levin will introduce Tony West, the former associate U.S. attorney general and general counsel for PepsiCo, will be our keynote speaker to share his insights as a lawyer who has been on both sides.

Timothy M. Guerriero (Wayne Law class of 1980), former General Counsel of TI Automotive Ltd., will moderate an in-house counsel panel discussion at 10:00 a.m. Panelists will be:

  • David A. Collins, President, Board of Directors, American Bar Foundation; former General Counsel, Saturn Corp.; and former Executive Director of Corporate Compliance, General Motors Corp.
  • John J. Collins (Wayne Law class of 1976), Managing Director and General Counsel, AlixPartners LLP
  • Emily Frascaroli (Wayne Law class of 2001), Counsel, Environmental, Safety & Regulatory, Ford Motor Co.
  • David Jaffe, former General Counsel, Guardian Industries Corp., and Chief Executive, Jaffe Counsel PLC

D’Lorah L. Hughes, Associate (Clinical) Professor and Director of Clinical Education, Wayne State University Law School, will moderate an academics panel discussion at 11:30 a.m. Panelists will be:

  • Joan Heminway, Professor, University of Tennessee College of Law
  • Arthur Laby, Professor, Rutgers University School of Law
  • Peter J. Henning, Professor, Wayne State University Law School

Thomas Cranmer, Partner, Miller, Canfield, Paddock and Stone PLC, will moderate a practitioner panel discussion at 1:45 p.m. Panelists will be:

  • Alan Gershel, Grievance Administrator, Attorney Grievance Commission of Michigan, and former Assistant U.S. Attorney, Eastern District of Michigan
  • Barbara L. McQuade, U.S. Attorney, Eastern District of Michigan
  • Aleksandra A. Miziolek (Wayne Law Class of 1980), General Counsel, Cooper-Standard Automotive Inc.
  • Richard Zuckerman, Partner, Honigman Miller Schwartz and Cohn LLP

Closing remarks will be given by Symposium Editor Justin Zayid at 3:30 p.m.

The day will include a continental breakfast, lunch and an evening cocktail and networking reception. Lunch will be provided to those who RSVP. Register at law.wayne.edu/lawreview2015 by Wednesday, October 7.

The event is made possible through the support of the Cohn Family Endowed Fund.

If you have any questions or concerns, please email Justin Zayid, Symposium Editor, at symposium_editor@wayne.edu.

We look forward to seeing you on October 16!

A Wave of Change: Celebrating the 50th Anniversary of Michigan’s Constitution and the Evolution of State Constitutionalism

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The  Symposium  will  be  held  on  Friday,  October  11th  at  Wayne   State  University  Law  School  from  8:00am  to  5:00pm.

RSVPs  are  not  required  but  encouraged.  To  RSVP,  please  click  here.

This  year’s  symposium  is  triggered  by  the  50th  anniversary  of  Michigan’s Constitution.     Ratified  in  1963,  Michigan’s  Constitution  was  part  of  a  wave  of change  in  state  constitutions   sparked  by  the  famous  “one  person,  one  vote” standard  formulated  by  the  U.S.  Supreme   Court  in  Baker  v.  Carr.  Ten  states ratified  new  constitutions  as  part  of  this  movement.

This  symposium  seeks  to  evaluate  the  progress  of  state  constitutions  over  the  past  50   years.  The  symposium  will  also  expose  students,  practitioners,  academics,  and  the   community  to  the  unique  and  important  qualities  of  state  constitutions  that  are  largely   overlooked  and  undervalued.

The  event  will  consist  of  speakers,  panels,  and  networking  opportunities.  Attendees  will   have  the  opportunity  to  interact  with  noted  national  and  local  legal  scholars  and  well  as   Michigan  judges,  practitioners  and  community  members.

The  morning  portion  of  the  program  will  concentrate  on  state  constitutionalism and  will   consist  of  three  panels.  Speakers  and  panel  participants  include  Robert  Williams  and  Alan   Tarr  from  Rutgers-­‐Camden  School  of  Law,  Helen  Hershkoff  from  N.Y.U.  School  of  Law,  Jim   Gardner  from  SUNY  Buffalo  Law  School,  John  Dinan  from  Wake  Forest  University,  Susan   Fino  from  Wayne  State  University,  Lawrence  Friedman  from  New  England  Law  School, Mila Versteeg from University of Virginia Law, Emily  Zackin from Johns Hopkins,  and  Justin  Long  from  Wayne  State  University  Law  School.

The  afternoon  portion  of  the  program  will  focus  on  celebrating  Michigan’s  constitution.   Jack  Faxon,  former  State  Senator  and  member  of  the  constitutional  convention,  will  speak   at  the  luncheon  about  his  experience  and  memories.  Justice  Marilyn  Kelly  and  Justice  Charles  Levin  will  participate  on  a  Michigan  Supreme  Court  judicial  panel   and  will  discuss  their  experience  hearing  and  deciding  state  constitutional  cases.

Our Keynote Speaker this year will be Mr. Frank Kelley, former Attorney General. Mr. Kelley will speak about his experiences with the Michigan Constitution as well as how the Constitution impacts the practice of law.

Food  and  drink  will  be  provided  free  of  charge  throughout  the  symposium  including  a   continental  breakfast,  a  luncheon,  and  an  evening  reception.  Lunch  will  be  provided  to   those  who  RSVP.

The Wayne Law Review Symposium is made possible through the support of the Cohn Family Endowed Fund.

If you have any questions or concerns, please email Stephanie Eisenberg, Symposium Editor, at stephanie.eisenberg@wayne.edu or Lynn Bartkowiak Sholander, Editor-In-Chief, at lynn.bartkowiak@wayne.edu

We look forward to seeing you on Friday, October 11th!

Sentencing White Collar Defendants: How Much Is Enough?

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This year’s Wayne Law Review symposium will bring together judges, prosecutors, defense attorneys, academic experts and a former criminal  on Friday, October 24th, to discuss the topic, “Sentencing White Collar Defendants: How Much Is Enough?”

The free Symposium will be from 8 a.m. to 5 p.m. at Wayne State University Law School, Partrich Auditorium, 471 West Palmer St. The event is open to the public. Parking will be available for $7 (credit and debit cards only) in Structure No. 1 across West Palmer Street from the law school.

The symposium will look in depth at the issue of how much punishment is enough for white collar criminals. Sentences meted out to convicted defendants are increasing in length, rivalling those given for crimes of violence or large-scale drug dealing. Bernie Madoff received a 150-year sentence for operating a Ponzi scheme that cost investors billions, while R. Alan Stanford was sentenced to 110 years for defrauding investors out of their life savings totaling more than $7 billion. Raj Rajartnam, convicted of trading on inside information, received an 11-year sentence, while Matthew Kluger, a lawyer who revealed confidential information about client deals for years, was sentenced to 12 years.

Recent public corruption cases have seen sentences from 13 years for former Congressman William Jefferson to 28 years for former Detroit Mayor Kwame Kilpatrick.

Do long prison terms for these defendants and their ilk serve the typical goals of criminal punishment: rehabilitation, retribution and deterrence? How should a court weight the appropriate sentence for a defendant who poses little continuing threat to society, yet committed a crime that can have far-reaching consequences? The experts at the symposium will consider these questions and more from all perspectives.

Opening remarks will be at 9 a.m. by Wayne Law Dean Jocelyn Benson; Paul Stewart, editor-in-chief of Wayne Law Review; and Judge Avern Cohn, U.S. District Court for the Eastern District of Michigan.

Ellen S. Podgor, the Gary R. Trombley Family White-Collar Crime Research Professor and professor of law at Stetson University College of Law, will moderate a judicial panel discussion at 9:30 a.m. Panelists will be:

  • Judge Jed S. Rakoff, U.S. District Court for the Southern District of New York
  • Judge Ricardo H. Hinojosa, U.S. District Court for the Southern District of Texas, who is the former chair of the U.S. Sentencing Commission
  • Judge Nancy G. Edmunds (Wayne Law class of 1976), U.S. District Court for the Eastern District of Michigan

Peter J. Henning, professor of law at Wayne Law and a former federal prosecutor, will moderate an academics panel discussion at 11 a.m. Panelists will be:

  • Sara Sun Beale, Charles L.B. Lowndes Professor of Law at Duke University School of Law
  • Miriam Baer, associate professor of law at Brooklyn Law School
  • Mark Osler, professor of law at St. Thomas University Law School
  • Lucian E. Dervan, associate professor of law and director of faculty development at Southern Illinois School of Law

David F. DuMouchel (Wayne Law class of 1975), partner with Butzel Long in Detroit, will moderate a practitioner panel discussion at 1:45 p.m. Panelists will be:

  • Barbara L. McQuade, U.S. attorney for the Eastern District of Michigan
  • David Debold, partner with Gibson Dunn & Crutcher in Washington, D.C.
  • David Schertler, partner with Schertler & Onorato in Washington, D.C.
  • Walter Pavlo, co-author of Stolen Without a Gun and a Forbes contributor

Closing remarks will be given by Symposium Editor Brittney Kohn at 3:45 p.m.

The day will include a continental breakfast, lunch and an evening cocktail and networking reception.  Lunch will be provided to those who RSVP. Register at law.wayne.edu/lawreview2014 by Wednesday, Oct. 15.

The event is made possible through the support of the Cohn Family Endowed Fund.

If you have any questions or concerns, please email Brittney Kohn, Symposium Editor, at symposium_editor@wayne.edu.

We look forward to seeing you on October 24th!

Symposium Live Streaming

The Wayne Law Review Symposium, A Wave of Change: Celebrating the 50th Anniversary of Michigan’s Constitution and the Evolution of State Constitutionalism, will be available to watch online live for those who are not able to attend. On Friday the 11th, the Symposium will be streaming live at: http://www.wayne.edu/live/.

The Wayne Law Review Symposium is made possible through the support of the Cohn Family Endowed Fund.

Wayne Law Review Symposium Press Release

Wayne Law Review’s Symposium, A Wave Of Change: Celebrating the 50th Anniversary of Michigan’s Constitution and the Evolution of State Constitutionalism, will take place on October 11th, from 8:00am to 5:00pm at Wayne Law. See the press release here:

http://media.wayne.edu/2013/09/17/wayne-law-review-symposium-to-focus-on

The Symposium is made possible through the support of the Cohn Family Endowed Fund. 

A Wave of Change: Celebrating the 50th Anniversary of Michigan’s Constitution and the Evolution of State Constitutionalism

Just a friendly reminder to mark your calendars for Friday October 11, 2013, for the Wayne Law Review Symposium – A Wave of Change: Celebrating the 50th Anniversary of Michigan’s Constitution and the Evolution of State Constitutionalism, made possible through the support of the Cohn Family Endowed Fund. The event will be held from 8am-5pm at Wayne Law. Click here to RSVP!