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Ethics in Context: July 2015

 
Author(s): Katie M. Lachter, Carole L. Basri, Stephen D. Brody
Practice Area: Ethics/Professional Responsibility
Published: Jul 2015
PLI Item #: 57286
CHB Spine #: F265

Carole Basri is an adjunct professor at Fordham University Law School and a visiting professor at Peking University School of Transactional Law. She is currently the Compliance Advisor of the Fordham Corporate Compliance program, which includes a certificate and LLM in Corporate Compliance launched in 2012. From 1995 to 2011, she was an adjunct professor of Corporate Law with the University of Pennsylvania Law School and held The Grant Irey Lectureship. She also has been an adjunct professor with New York Law School and Benjamin N. Cardozo Law School. Ms. Basri, a Senior Fulbright Scholar, also was a visiting professor at Hebrew University Law School in March 2008.

Ms. Basri is a graduate of Barnard College and NYU School of Law, where she was a member of its National Moot Court Team. She then joined the Federal Government, where she was an Assistant Counsel with the United States Senate Antitrust and Monopoly Subcommittee and an attorney with the Federal Trade Commission. She later became in-house counsel with the advertising agency, NW Ayer Inc., and left to become an associate, first with Baker & McKenzie and then with Hall Dickler Lawler Kent and Friedman. Ms. Basri then became in-house counsel with Maidenform Inc. and a consultant with the Perrier Group Inc. From 1994 to 2002, she was a consultant to Deloitte & Touche LLP, where she helped to create its Ethics and Compliance practice. During this time, she also served as General Counsel of China On Line Inc.

For ten years, she served as co-chair of PLI’s Conferences on Corporate Compliance. She has chaired the Ethics for In-House Counsel seminar since 2004, chaired the Global Financial Crisis conference from July 2008 to 2010, and chaired and created the Ethics and Law Department Management Seminar in 2012. She has also been Co-Chair of the Fordham University Law School Corporate Investments Compliance Forum, which was held on April 2, 2012.

From 2010 until 2012, Ms. Basri was the Senior Vice President of B3 Legal, a national legal and compliance staffing company that provides, among other things, attorneys and compliance professionals to serve as in-house counsel attorneys and Compliance Officers at financial institutions.  In addition, she has been Executive Director of the Greater NY Chapter of the Association of Corporate Counsel (ACC) for over 10 years (until September 2006). She also currently serves as a member of the Executive Committee and co-chair of the Corporate Compliance Committee of the International Law and Practice Section of the New York State Bar Association; a member of the Practicing Law Institute’s Corporate General Counsel Advisory Committee; a member of the International Council of the Bar of the City of New York and former co-chair of the International Legal Education and Certification Committee of the International Section of the American Bar Association; and a member of the task force on the Future of the Legal Profession of the Association of the Bar of the City of New York.

Ms. Basri is also President of the Corporate Lawyering Group LLC, which advises on corporate compliance programs. She has created comprehensive compliance and ethics programs for major corporations, including the Dunn & Bradstreet Corporation, Cendant, Benjamin Moore & Co. and Dannon Inc. These programs were all launched within nine months and, in many cases, in multiple languages and locations. She also provides advice on law department management, document retention and corporate governance issues. Since the first Corporate Lawyering Accreditation Conference in 1999, the Corporate Lawyering Group has developed conferences and programs on corporate and international law, as well as on ethics. She has served on the Academic Committee of the INTERPOL Anti-Corruption Academy from June 2007 until 2011, where she has worked on creating a curriculum for addressing corporate corruption.

Carolina Academic Press just published two casebooks by Ms.  Basri: Corporate Legal Departments and Corporate Compliance.  She is co-author of Corporate Legal Departments (4rd edition) published by the PLI, which was translated into Chinese in 2010 by China Free Press, and the editor of International Corporate Practice, published by PLI. She is the co-editor of eDiscovery for Corporate Counsel for West Publishing and the editor of Corporate Compliance Practice Guide: The Next Generation of Compliance, which was published by Lexis Nexis in 2009. She is also the editor of three PLI Handbooks on the Global Financial Crisis published from 2008 to 2010 and the PLI handbook Ethics and Law Department in 2012. Ms. Basri received the 2001 Lexis Nexis/ Corporate Legal Times Leadership Award and was the keynote moderator at the LegalTech West Coast Conference in June 2009 in Los Angeles, CA.


Stephen D. Brody is a partner in O’Melveny’s Washington, DC office, Co-Chair of the firm-wide Product Liability and Mass Torts Practice, and leader of the practice’s Drug and Medical Device subgroup. He also works frequently with attorneys in the firm’s Consumer Class Actions, Appellate, and White Collar Defense and Corporate Investigations Practices.

Steve is a trial lawyer and works on a wide variety of complex, aggregated litigation, with a primary focus on pharmaceutical, health care, and product liability matters, including State Attorney General investigations and litigation. He has defended class actions and State AG cases involving pharmaceutical marketing, consumer fraud, state Medicaid reimbursement, health insurance plan benefits, preferred provider agreements, and 401(k) fees and retirement plan investment selection. He also has an active appellate practice, and has recently handled appeals in the 4th, 8th, 10th,11th and DC Circuits, and state appellate courts in Arkansas, Louisiana, New Jersey, Texas, Virginia, and West Virginia. In 2014, he obtained reversal of $1.7 billion in consumer fraud judgments for his clients.

Before joining O'Melveny, Steve was the Acting Director of the Tobacco Litigation Team at the US Department of Justice. In that role, and in his prior role as the team's Deputy Director, Steve led a team of 35 Justice Department lawyers through four years of discovery on three continents and a nine-month civil RICO trial against major cigarette manufacturers in one of the largest civil cases ever brought by the Department of Justice. During the course of the litigation, Steve not only led the government's prosecution, but also represented the interests of almost 20 executive branch agencies. The case resulted in a 1,653-page opinion from the district court awarding judgment for the United States against all defendants. The judgment was upheld on appeal. Steve’s work on the tobacco case has been described in several journal articles and books, including Harvard medical historian Allan Brandt’s  The Cigarette Century  (Basic Books 2007) and  Bad Acts: The Racketeering Case Against the Tobacco Industry  (American Public Health Assn. 2012).

Steve is a member of the faculty for the National Trial Advocacy College at the University of Virginia School of Law, one of the nation's premier trial advocacy programs for practicing lawyers. He is also a frequent speaker on state Attorney General investigations and litigation and product liability issues.

Steve serves on the Board of Trustees of the Legal Aid Society of Washington, DC, and previously served on the Board of Directors for the Washington Lawyers Committee for Civil Rights and Urban Affairs. He is a member of the International Association of Defense Counsel and the Defense Research Institute.


Katie Lachter focuses her practice on attorney professional responsibility and risk management. She represents lawyers and law firms with respect to all aspects of legal ethics and the law governing lawyers. Having previously practiced for eight years as a litigator in both civil and criminal cases, Ms.

Lachter is skilled in identifying potential problems before they arise and advocating on her clients' behalf. She is also a national award-winning writer and a frequent speaker on professional responsibility issues.

Ms. Lachter's practice includes:

  • Disciplinary defense
  • Bar admissions and reinstatements
  • Sanctions and contempt proceedings
  • Fee disputes
  • Disqualification and withdrawal motions
  • Attorney-client privilege and confidentiality issues
  • Conflicts of interest
  • Attorney advertising
  • Law firm risk management
  • Legal malpractice actions

Professional Background

Prior to joining Hinshaw & Culbertson in February 2011, Ms. Lachter was an associate in several leading New York law firms, including the renowned litigation department at Paul, Weiss, Rifkind, Wharton & Garrison, where she worked on matters for the firm's largest client. From 2003–2004, she was a law clerk to the Honorable Bruce W. Kauffman, U.S. District Court, Eastern District of Pennsylvania

Professional Affiliations

  • New York City Bar Association, Committee on Professional Ethics, Member
    • 2009–2011, Secretary
    • 2011–Present 
  • Practising Law Institute, Faculty Member (2010–Present)
  • Association of Professional Responsibility Lawyers (APRL) Member (2011–Present)
  • New York Women's Bar Association, Ethics Committee, Member (2013–Present) 

Honors & Awards

  • 2012 recipient of the Burton Award for Distinguished Legal Writing
  • Legal Aid Society’s 2009 Pro Bono Publico Award, 2009

Presentations

  • "#SocialMediaEthics," Legal Malpractice & Risk Management Conference, Chicago, Illinois, March 2016.
  • "Five Common Attorney Mistakes to Avoid," webcast, West LegalEdcenter, January 2016.
  • "The Perils of Multijurisdictional and Cross-Border Practice," Legal Malpractice & Risk Management Conference, Chicago, Illinois, February 2015.
  • "(Don't) Just Bust a Move: What Lawyers and Law Firms Need to Know About Lateral Movement," West LegalEdcenter live webcast, September 2014.
  • "Stump the Panel," Legal Malpractice & Risk Management Conference, Chicago, Illinois, March 2014.
  • "Ethical Considerations in False Claims Act Cases," New York State Bar Association, New York, New York, December 2013.
  • "Other People’s Money: Handling Client Funds and Escrow Accounts," CLE presentation, New York Women's Bar Association, September 2013.
  • "Litigation Funding," Legal Malpractice & Risk Management Conference, Chicago, Illinois, March 2013.
  • "Ethics in the Electronic Age: Be Careful When Using That Smart Phone, Blackberry, Tablet, Blog, Social Network . . ." New York City Bar Internet & Consumer Law series, New York, New York, June 2012.
  • "IP Lawyer Ethical Issues," Intellectual Property Law Institute 2011, New York, New York, September 2011.
  • "Playing Smart: Civility and Professionalism," Association of Professional Responsibility Lawyers (APRL) Annual Meeting, Toronto, Ontario, August 2011.
  • "Ethics for Business/Transactional Lawyers," New York State Bar Association seminar, Uniondale, New York, June 2011.
  • "What Every Attorney Must Know About Ethics, Parts I and II," at the Practising Law Institute, New York, New York, August and December 2010.

Publications

  • Co-author of "E-data and the 'All Records' Exception," published by Law360, March 2011.
  • Editor-in-Chief of the Ethics FAQ page on the Bar of the City of New York’s Ethics Committee webpage.

Personal

Central Park Conservancy, member

Service Areas

Lawyers for the Profession®
Professional Liability
Counselors for the Profession®
Litigators for the Profession®

Education

J.D., cum laude, Harvard Law School, 2003

  • Editor, Journal on Legislation

B.A., summa cum laude, Government, Dartmouth College, 2000

Admissions

New York

U.S. District Court for the Eastern District of New York

U.S. District Court for the Southern District of New York

U.S. District Court for the Western District of New York