05.12.2018 | ACC Israel Annual Conference on White Collar Crime
Today, the annual ACC conference was held on the topic of “The criminal exposure of the legal advisor in a corporation in an era of increasing regulation.” As part of the conference, Adv. Sharon Kohane, Head of the White Collar Crime Department and partner at AYR, provided practical tools for the day to day operations of the internal legal counsel of the corporation. Attorney Kohane was aware of the dilemma in which the internal legal counsel of the corporation – dealing with all legal aspects – has a “dual” role; The corporation sees him as a “consultant,” while the regulator sees him as a “gatekeeper.”
Kohane described the ways in which the internal legal counsel dealt with the corporation’s responsibility and added: “Even if the LC takes all reasonable steps to prevent offenses; As soon as a criminal investigation is opened, the LC may encounter the issue of attorney-client confidentiality, which may prevent him from presenting and disclosing the actions he has taken, since the confidentiality will be the customer’s”.
Prof. Oded Mudrik, former vice president of Tel Aviv District Court; Lecturer at Ariel University in Samaria; A special adviser to AYR law firm – assigned the issue of client confidentiality and raised the question “who does the LC’s duty of trust apply to the agenda?” Prof. Mudrik emphasized: “There is a conflict between the security granted to the LC and the expectation of the officer, therefore The LC is expected to make his way between them – together with responsibility. ”
Dr. Maor Even-Chen, Deputy Director of the Economic Department of the State Attorney’s Office, emphasized the need to enforce the defense of the LC: “Among other functions of the legal counsels in the corporation, his job is to warn and try to prevent criminal offenses. Turning a blind eye is not an option for a legal counsel in a corporation that suspects that a corporation is committing criminal offenses. It is the attorney’s duty to warn and prevent their execution. ” The conference was attended by about 60 legal counsels of the leading companies in the economy.