Ethical Challenges for In-House Counsel: Balancing Organizational and Individual Interests (Feb. 17, 2026)
Includes a Live Web Event on 02/17/2026 at 3:00 PM (EST)
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Attorneys often provide guidance to organizations through their board members, officers, and employees. However, what responsibilities does an in-house attorney have when advising clients about actions that may pose legal risks to individuals who are not clients? In this session, Ogletree Deakins attorneys Richard Warren (shareholder, Detroit (Metro)) and Kristi Nelson Foy (shareholder, Milwaukee) will be joined by David Ellenbogen (General Counsel of Blue Cross Blue Shield of Michigan) to explore the relevant Model Rules of Professional Conduct that outline an attorney’s duty to the organization in these situations, including Rule 1.1 (Competence), Rule 1.4 (Communications), and Rule 2.1 (Advisor), as well as other important rules, such as Rules 4.1, 4.3, and 1.13(f), which require attorneys to clarify that they do not represent these individuals personally. Additionally, the speakers will provide recommendations on how to effectively meet these duties and obligations.
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Generously Sponsored by Ogletree Deakins
Key:
Richard Warren
Shareholder, Detroit (Metro)
Ogletree Deakins
Richard has been providing employers, general counsel, managers, and human resource professionals with timely, practical and effective employment law guidance for over 21 years. Richard’s practice focuses on wage and hour single plaintiff and collective action lawsuits, non-competition and trade secret litigation, class and single plaintiff lawsuits asserting discrimination claims under Title VII and corresponding state law, ERISA single plaintiff and class action lawsuits, and disability and Family and Medical Leave Act claims.
Richard often acts as his clients’ first point of contact, as he is always available to provide advice and guidance regarding unannounced federal agency visits, high-level terminations and investigations, employee leave and accommodation requests, theft of confidential and proprietary information. Richard also has a wealth of experience providing guidance regarding discrimination and harassment complaints, whistleblower and retaliation claims, reductions in force, executive compensation, employee retention, wage and hour compliance, training and workplace audits.
Richard’s employment law guidance and advice is informed by his trial experience. It has allowed him to draw a precise distinction between scenarios that provoke skepticism from judges and juries, versus those that demonstrate fair and consistent treatment by the employer.
Richard routinely litigates cases in federal and state court both in and outside of Michigan, has argued before the Michigan Supreme Court and United States Court of Appeals for the Sixth Circuit, and regularly represents employers before federal agencies, including the Equal Employment Opportunity Commission and the United States Department of Labor.
Kristi Nelson Foy
Shareholder, Milwaukee
Ogletree Deakins
Kristi is a pragmatic and strategic partner to employers, providing counsel and direction across a variety of labor and employment matters.
She has litigated cases before state and federal administrative agencies, state and federal courts, and the U.S. Department of Education’s Office of Civil Rights. She has represented clients in internal investigations, employee grievance processes, mediations and arbitrations. She has been the lead negotiator in dozens of bargains. She has counseled employers on labor and employment issues such as union organizing, employee social media use and First Amendment rights, strategic compensation and evaluation processes, compliance matters, discipline and termination. She has negotiated contracts, overseen RFP and bid processes, and evaluated risk management strategies and safety assessments. She frequently provides training on topics such as harassment and discrimination, ethics, First and Fourth Amendment rights, and the recently amended Title IX requirements.
Kristi also spent several years as both an in-house attorney and Director of Human Resources for public sector entities. As an executive leader, she managed hundreds of employees and a multi-million dollar budget for salaries and benefits. She was directly responsible for strategic staffing decisions, expanding and enhancing employee benefit opportunities, administering leave provisions, implementing new policies and training requirements, managing employee performance, and all discipline and termination decisions. This experience has provided her with a unique insight into the challenges faced by human resources professionals and business owners across the country.
David Ellenbogen
SVP General Counsel, Chief Legal Officer and Corporate Secretary
Blue Cross Blue Shield of Michigan
This live program offers free Ethics CLE in select jurisdictions for members of ACC. Please see details below!
CLE/CPD CREDIT IS AVAILABLE IN THE FOLLOWING JURISDICTIONS:
*Alaska, *Arizona, California, *Connecticut, Georgia, *Hawaii, Illinois, Minnesota, Missouri, *Montana, *New Hampshire, *New Jersey, *New York, *North Dakota, Ohio, Pennsylvania,Tennessee, Texas, and Washington.
*Indicates that CLE/CPD credit is available by virtue of reciprocity with another jurisdiction.
ACC WILL MAKE AN APPLICATION FOR CLE UPON REQUEST IN THE FOLLOWING JURISDICTIONS:
Arkansas, Colorado, Delaware, Kansas, Louisiana, New Mexico, North Carolina, South Carolina, and Vermont.
Requests must be made one week prior to the scheduled program date to ensure timely application submission. Please use the form below to submit your request for CLE.
CLICK HERE TO ACCESS THE FORM!
ATTENDEES MUST SELF-FILE IN THE FOLLOWING JURISDICTIONS (A CERTIFICATE WILL BE PROVIDED TO ASSIST YOUR FILING EFFORTS):
Alabama, Florida, Idaho, Indiana, Iowa, Kentucky, Maine, Mississippi, Nebraska, Nevada, North Carolina, Oklahoma, Oregon, Puerto Rico, Rhode Island, Utah, West Virginia, Wisconsin, and Wyoming.
CLE/CPD IS NOT MANDATORY IN THE FOLLOWING JURISDICTIONS:
District of Columbia, Maryland, Massachusetts, Michigan, South Dakota