Showing 7 posts in Conflicts of Interest.

Supreme Court Rules that Pennsylvania Justice's Previous Involvement in Case Represented an Impermissible Risk of Bias

In a recent opinion, Williams v. Pennsylvania, --- S.Ct. ----,  2016 WL 3189529 (June 9, 2016), a divided United States Supreme Court held that judges must recuse themselves in cases in which they previously played a significant role in prosecuting the person appearing before them.  More ›

Conflicts in Law Firm Vereins: the Novel Conflicts Issue of the Moment

As globalization continues to drive law firm mergers and the creation of ever larger, multinational law firms, a number of such firms have employed the structure of a Swiss verein. In a verein, separate law firm entities in various countries combine into one firm for marketing, branding, referral, and administrative purposes, but the entities within a verein do not share profits at the verein level. There are now six very large law firm vereins operating in the United States. We likely will see more in the future. More ›

Seventh Circuit Warns: “When in Doubt, Disclose.”

The Seventh Circuit sends a message to the bar regarding potential conflicts of interest in a class action matter, reaching an issue raised for the first time on appeal: “when in doubt, disclose.” More ›

AMEX Judge Rejects Class Settlement and Class Counsel's Fee Motion

Last week, the New York federal judge in the AMEX antitrust class action litigation rejected the Class Plaintiffs' Motion for Final Approval of the Class Settlement Agreement with AMEX, stating that the conduct of co-lead Plaintiffs' Class Counsel F, "smacks of blatant collusion." More ›

The Do's and Don’ts of Waivers

Obtaining waivers is often essential to bringing in work, maintaining peaceful relationships with your clients and past clients, and avoiding lawsuits and disciplinary proceedings. Knowing a waiver is required is half the battle, though. What are the steps to obtaining a waiver and ensuring that it's sufficiently documented to protect all involved? More ›

California Court of Appeal Decision Rejects Fiduciary Exception to Attorney-Client Privilege, but Raises new Questions

On November 25, 2014, in the decision Edwards Wildman Palmer v. Superior Court of Los Angeles County (No. B255182), discussed in an earlier blog post, the California Court of Appeal delivered an excellent, bright-line opinion, protecting discussions between firm members and their in-house general counsel, relating to possible liability, including methods of dealing with a complaint or claim made by current client of the firm. This question has been a moving target for California law firms for many years. More ›

No good deed goes Unpunished

Your life-long client has asked you to serve on the board of the "family business." Proceed with caution. More ›

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