Foley Hoag Event

Advice of Counsel: What Every Corporate Executive Needs to Know

November 06, 2023

The “advice of counsel” defense strategy is once again front and center in the news. For those who may have missed it, this is just one of the defense strategies FTX’s former CEO, Sam Bankman-Fried, intends to take. 

Foley Hoag white collar litigators presented an informative webinar on the legal and practical issues that arise when corporate executives seek to rely on legal advice provided by the corporation’s in-house counsel as a defense to fraud or other charges brought by the government. During this program, panelists examined some cases that illustrate the challenges a corporate executive may face when seeking to assert this defense, especially when the privilege belongs to the corporation and not the executive.

Topics included:
  • The elements and scope of the advice of counsel defense; 
  • Examples of real-life situations in which corporate executives were precluded from relying on the advice of counsel to defend themselves against charges of wrongdoing; and 
  • Practical considerations and a discussion on how to protect your rights and interests as a corporate executive.
Download presentation materials here.

Please note that CLE credit is only valid for live attendance. At this time, we are not able to provide credit for recorded views. Please contact us for details.