Risk Update

Risk News — Co-defendant Adversity, Union Fails to Disqualify Lawyer in Termination Suit, Attorney Disclosure Conflicts Claim Considered

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In Massachusetts: “Attorneys – Duty to disclose – Rule 1.13(b)” —

  • “Where a plaintiff limited liability company has alleged that a defendant attorney was negligent in not disclosing to the plaintiff’s board of directors certain information that the company’s chief executive officer shared with the attorney regarding a federal investigation, the attorney is entitled to summary judgment because he did not have and did not breach any duty to disclose directly to the board the information that was already known to its CEO.”
  • “‘Massachusetts Premier Soccer LLC ran a for-profit youth soccer business under the name Global Premier Soccer. The parties refer to the plaintiff as ‘GPS.’ Many of GPS’s coaches were foreign nationals who were present in the United States under temporary, non-immigrant visas. During 2018, federal agents began to investigate GPS’s use of these visas for its coaches. Attorney Perry Henderson and his law firm Burns & Levinson were doing a broad array of corporate legal work for GPS, but not representing or counselling GPS with respect to its visa pro0gram. GPS’s chief executive officer, Joseph Bradley, knew about the apparent federal investigation and shared some of that information with Henderson. In October 2019, federal agents executed a search warrant at GPS’s headquarters. GPS contends that its reputation and business were severely harmed by this surprise raid, and that it could have avoided this harm if Henderson had told other board members about the investigation.”
  • “‘GPS has three remaining claims against Burns & Levinson and Henderson. First, it alleges that Henderson was negligent in not disclosing to GPS’s board of directors the information shared by CEO Bradley about the apparent federal visa investigation, that if the Board had been aware of what was going on it could have managed the situation and avoided the surprise execution of a search warrant, and that Henderson’s alleged breach of a duty of disclosure to the Board substantially harmed GPS. Second, GPS claims that Burns & Levinson had a conflict of interest because it was representing Bradley and GPS at the same time. Third, it also claims that Burns & Levinson improperly billed GPS for worked done solely for Bradley.”
  • “‘The Court will allow the motion by Burns & Levinson and Henderson on these claims. As for the first claim, the summary judgment record establishes that these defendants did not have and did not breach any duty to disclose directly to GPS’s board the information that was already known to its CEO. GPS did not articulate any substantive opposition to the summary judgment motion with respect to the other two claims. …”
  • “‘Though GPS has sued Burns & Levinson and Attorney Henderson for legal malpractice, it does not contend that these defendants were negligent in providing legal services or advice. Instead, GPS asserts in count I of its complaint that these Defendants were negligent because they allegedly had and breached an affirmative obligation under Mass. R. Prof. Conduct 1.13(b) to notify other board members that federal officials seemed to be looking into the GPS visa program. The Court will allow Defendants’ request for summary judgment on this claim because the summary judgment record establishes that Burns & Levinson and Henderson did not have and did not breach any such duty under the circumstances of this case. …”
  • “‘GPS contends that Burns & Levinson and Henderson had a duty under Mass. R. Civ. P. 1.13(b) ‘to disclose to the non-conflicted members of the GPS board of managers the existence of the criminal investigation as a corporate crisis involving ongoing business practices at the core of the business.’ The Court is not persuaded. It concludes that, as a matter of law, Defendants did not have and did not breach any such duty. …”
  • “‘The summary judgment record establishes that Defendants had no duty under Rule 1.13(b) to inform other board members about the apparent federal investigation for several, independent reasons.”
  • “‘Second, Henderson had no actual knowledge — or, for that matter, any reason to believe — that the federal investigation into GPS’s visa program concerned ‘a matter related to the representation’ of GPS by Burns & Levinson. As discussed above, Burns & Levinson was not involved in designing the visa program and did not submit any petitions seeking visas. Nothing in the limited information shared with Henderson by Bradley suggested that the apparent federal investigation was related in any way to matters or issues as to which Burns & Levinson had done legal work for or provided legal advice to GPS.”
  • Read the order: here.

RND Contractors, Inc. v. Superior Court (2025) E084508 [Cal.App.4th Dist., Div. Two, July 1, 2025]” —

  • “The Court found that a party may oppose a co-defendant’s motion for summary judgment even if the plaintiff does not oppose it, and even if there are no cross-claims between the parties, so long as the parties are adverse to each other.”
  • “Specifically, the California Court of Appeal found:
    • When a defendant moves for summary judgment and the plaintiff does not oppose, another party—such as a co-defendant—can oppose the motion if that party is adverse to the moving defendant.
    • There is no requirement that cross-claims exist between the parties for them to be considered adverse.
    • The trial court erred by refusing to consider the oppositions filed by RND and Balfour (co-defendants), on the basis that they lacked standing due to the absence of cross-claims.”
  • “The appellate court granted the petition for writ of mandate, directing the trial court to vacate its order granting summary judgment and to reconsider the motion after taking into account the oppositions of the adverse parties.”
  • “This decision clarifies California law on summary judgment procedure in multi-defendant cases, ensuring that adverse parties have the opportunity to oppose summary judgment motions, regardless of whether the plaintiff participates or cross-claims exist.”

Union Loses Atty DQ Bid In NJ Wrongful Termination Dispute” —

  • “A longshoremen’s union has lost its bid to disqualify an attorney from representing a former member in a wrongful termination suit in New Jersey federal court that alleges the union gave him bad advice that prevented him from properly fighting claims that led to his termination.”
  • “‘The crux of the disqualification motion is that Till previously represented Garcia in 2018 in connection with an inquiry by ILA Local 1235 related to his run for president, and is therefore conflicted from now being adverse to him,’ the opinion summarizes.”
  • “But the magistrate judge ruled that ‘there is no basis for disqualifying Till under applicable Rules of Professional Conduct.'”
  • “Although Till had advised Garcia in connection with a 2018 interview regarding an investigation into whether certain of Garcia’s ‘familial relationships’ should bar him from running for the union presidency, that matter isn’t ‘substantially related’ to Pagan’s suit, the magistrate judge ruled.”
  • “‘Here, there is no dispute that Garcia is a former client of Till, and that plaintiff’s interests in this lawsuit are materially adverse to Garcia,’ the opinion said. ‘As defendants have satisfied this initial burden, the burden then shifts to Till [to] demonstrate that the [previous] matter and the instant matter are neither the same nor substantially related. There is no question that this matter is not the same as the former matter.'”
  • “The previous matter was limited to Garcia’s vetting for the union presidency, while ‘the current matter involves allegations made 6 years later by an unrelated union member concerning the termination of his employment,’ Judge Adams wrote.”
  • “In her ruling, the judge also wrote: ‘Beyond his familial relations, there may have been minimal discussion between Till and Garcia about how Garcia intended to lead the union if elected, but that information was widely publicized to the union members who ultimately elected him. Till confirmed he has not conferred with Garcia since 2018.'”
  • “The union and Garcia failed to identify ‘any confidential information disclosed by Garcia to Till during the course of the 2018 representation that would be relevant or material to the instant matter,’ the magistrate judge wrote.”
Risk Update

DQ News — Soccer Disqualification Play Flagged, “Poached” Paralegal Hire Prods Conflicts Allegation

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Could GM’s Attorneys Be Kicked Off Patent Case for Recent Paralegal Hire?” —

  • “A federal judge in Chicago has weighed in on the fate of a patent dispute against General Motors Co. but punted on the question of whether to disqualify the NLJ 500 law firm representing the auto manufacturer in the case.”
  • “Beyond claims that GM engaged in ‘anticompetitive efforts’ by patenting several exterior body paneling of its vehicles, the plaintiffs’ attorneys with Irwin IP accuse opposing counsel of poaching one of its key employees: Gloria Rios, a former paralegal who handled all LKQ matters, including the matter against GM.”
  • “Rios had worked for Irwin IP from January 2022 until the beginning of this year, when she took a role with Fish & Richardson to work for GM’s counsel of record, Louis Fogel, who is one of the attorneys representing the auto giant in the case, LKQ Corp. v. General Motors Co. It was no secret that Rios worked on the matter, as she sent ‘virtually every single one’ of the documents and pleadings, among other things, on behalf of LKQ to Fish & Richardson, her former employer said in a March motion to disqualify defense counsel.”
  • “‘In other words, Fish & Richardson has not explained why, out of the thousands of Chicago-based paralegals, Fish & Richardson specifically sought to hire Ms. Rios. Of course, the explanation seems clear; Fish & Richardson desired Ms. Rios’s unique knowledge concerning this case and LKQ’s confidential information and legal strategies garnered while working for LKQ,’ wrote Michael P. Bregenzer, one of the Irwin IP attorneys representing LKQ.”
  • “In court filings, Irwin IP claims Fish & Richardson violated professional obligations, questioning whether the opposing firm’s screening methods and safeguards were sufficient. Rios was privy to LKQ’s confidential information across multiple matters, and she had access to the client’s confidential documents and attorney-client communications and participated in dozens of internal meetings about litigation strategy, Irwin IP claimed.”
  • “Fish & Richardson’s efforts to ‘lure’ Rios to the opposing firm started in early January, when a talent acquisition manager allegedly sent the paralegal a direct message on LinkedIn, leading to an interview with Fogel, Irwin IP alleged. Neither Rios nor Fish & Richardson disclosed information about the paralegal’s job change, according to the plaintiff’s firm.”
  • “‘Although Fish & Richardson began discussing the possibility of Ms. Rios joining Fish & Richardson on Jan. 8, 2025 (Fish & Richardson first contacted her on January 6), Fish & Richardson did not implement an ‘ethical wall’ between itself and Ms. Rios until February 21, 2025—the Friday prior to Ms. Rios’s Feb. 24, 2025 start date at Fish & Richardson,’ Irwin IP’s brief said. ‘Putting this deficiency aside, Fish & Richardson’s too little, too late ‘ethical wall’ is deficient for an additional reason. It only listed GM’s involvement in LKQ’s cases. But Ms. Rios also has knowledge of at least five other design patent litigations between LKQ and other automakers, and LKQ’s confidential and privileged information related thereto. The issues in those cases were nearly identical to the issues in this case.'”
  • “Irwin IP claims neither Rios nor Fish & Richardson disclosed that it hired the paralegal to work for Fogel. Irwin IP said it later discovered that during her last week with the plaintiff firm, Rios ‘spent hours’ permanently deleting at least 17,000 emails from her work email account, according to the plaintiffs’ brief.”
  • “‘Indeed, Irwin IP cannot conceive of an innocent explanation for these deletions. Was Ms. Rios trying to cover-up her communications with Fish & Richardson? Did Ms. Rios seek to prevent Irwin IP and LKQ from using her work product? In any event, Ms. Rios’s conduct evinces a clear understanding that she was engaged in harmful and unethical conduct and wanted to cover her tracks,’ Bergenzer wrote.”
  • “Fish & Richardson, through its attorneys with Holland & Knight, denied any wrongdoing, attempts to solicit confidential information, and opposed disqualification in a response filed in April. The defense firm maintained that Rio’s LinkedIn profile came up during a ‘routine search for candidates’ with experience as an IP litigation paralegal in Chicago. Rios was one of nearly 25 potential candidates, and in responding to the talent acquisition’s initial inquiry, the paralegal disclosed that she worked on two adverse cases. Rios also attested that she has maintained professional ethics, according to the filing by Trisha Rich, a Chicago-based partner with Holland & Knight.”
  • “‘Once an ethical wall is in place, the employee subject to the wall cannot be added to the litigation document management workspace for any matter impacted by the ethical wall. With respect to Ms. Rios, this means since before the time she started work at F&R, all F&R employees were electronically blocked from providing Ms. Rios with any access (even inadvertent access) to any litigation case file containing electronic materials for this matter (or any other LKQ matter),’ Rich wrote.”

FIFA Slams Atty’s Bid To ‘Circumvent’ DQ In Puerto Rico Case” —

  • “A Puerto Rican attorney may not sidestep a disqualification order by dropping his personal claims from an antitrust case against FIFA in which he is both counsel and plaintiff, the organization told a federal judge Wednesday [6/4], arguing the lawyer is a ‘necessary fact witness’ and therefore a conflict is unavoidable.”
  • “José R. Olmo-Rodríguez of Olmo & Rodriguez Matias Law Office PSC cannot be a fact witness and counsel, FIFA argued, calling Olmo-Rodríguez’s request to resume his role as counsel after being disqualified in April a ‘tactical maneuver’ that U.S. District Judge Raúl M. Arias-Marxuach must deny.”
  • “Olmo-Rodríguez brought the suit in April 2023 on behalf of several plaintiffs, including the now-defunct Puerto Rico Soccer League NFP Corp., accusing the international soccer governing organization and a local affiliate of corruption and violations of the Racketeer Influenced Corrupt Organizations Act. The suit accuses FIFA of attempting to block Puerto Rican soccer associations from operating, and plaintiffs listed Olmo-Rodríguez as counsel, plaintiff and fact witness.”
  • “FIFA moved to disqualify Olmo-Rodríguez and another lawyer, Ibrahim Reyes of Reyes Lawyers PA, arguing that in addition to Olmo-Rodríguez’s alleged conflicts, both attorneys have a financial stake in the Puerto Rico soccer league.”
  • “In an order issued on April 10, Judge Arias-Marxuach disqualified Olmo-Rodríguez, citing his hybrid representation. Because Reyes is based in Florida, the court later determined new local counsel must be secured.”
  • “In May, Olmo-Rodríguez asked the court to allow him to continue representing the plaintiffs. According to the lawyer, ‘despite diligent efforts,’ the plaintiffs had been unable to find a lawyer to take over the suit due to conflicts, costs and a lack of interest in contingency fee agreements among local counsel.”
  • “In order to remove the conflict, Olmo-Rodríguez said, he would permanently and voluntarily dismiss his claim against FIFA, ‘thereby eliminating his status as a plaintiff and allowing him to serve solely as counsel for the plaintiffs.'”
  • “FIFA slammed the move in its Thursday filing, saying his bid to dismiss his claims was made ‘for the sole purpose of circumventing his disqualification as local counsel.’ Calling it a ‘tactical maneuver,’ FIFA told the court that dismissal of the lawyer’s claims would not solve the underlying issue that Olmo-Rodríguez is a fact witness.”
  • “Olmo-Rodríguez is the sole witness identified by plaintiffs to speak on certain topics that underlie their claims, FIFA told the court, making him a ‘necessary witness.’ According to FIFA, the plaintiffs had not shown how the dropping of his individual claims cures this conflict.”
Risk Update

Confidentiality & Conflicts — Client Confidentiality Concerns Create Collision, Referral Agreement Ethics and Conflicts

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Referral barred based on training relationship with law firm” —

  • “A nonprofit that maintains a legal training relationship with a law firm may not refer prospective clients to that firm unless affected prospective clients give informed written consent, the Rhode Island Supreme Court Ethics Advisory Panel has found.”
  • “The panel decided the issue in response to an inquiry from a staff attorney for the nonprofit, which provides pro bono legal representation primarily to domestic violence victims. The inquiring attorney’s employer maintains a business relationship with a law firm, under which the firm’s attorneys have trained the inquiring lawyer for a fee.”
  • “The inquiring attorney’s employer intends to craft a referral list of law firms to which prospective clients presenting a conflict of interest may be referred. The inquiring attorney wishes to add the firm to the referral list but is unsure whether doing so would violate the Rules of Professional Conduct.”
  • “‘It is the Panel’s opinion that the inquiring attorney may not refer prospective clients presenting a conflict of interest to the Firm unless the parties’ training relationship is terminated or, if it continues, unless affected prospective clients give informed consent, confirmed in writing, to the referral,’ the panel wrote.”
  • “The panel noted that the issue turned on whether the inquiring attorney and the firm are ‘associated in a firm’ under the Rules of Professional Conduct.”
  • “‘In this case, the Panel finds significant the fact that the training relationship between the inquiring attorney and the Firm involves the regular, direct discussion of the inquiring attorney’s ongoing cases, providing the inquiring attorney with document drafting and hearing preparation assistance as needed (including having a Firm attorney sometimes accompany the inquiring attorney to hearings in a supporting role), and answering the inquiring attorney’s practice questions as they arise. Such routine intermixing of the inquiring attorney’s practice with the Firm’s attorneys — particularly, the sharing of information from the inquiring attorney’s cases — creates substantive connections sufficient in the Panel’s view to constitute a ‘firm’ relationship for the purposes of imputation of conflicts of interest under Rule 1.10,’ the panel stated.”
  • “‘Accordingly, prospective clients presenting conflicts of interest for the inquiring attorney will also do so for the Firm, thereby prohibiting referral. … This prohibition may be lifted only under two (2) scenarios. First, the parties may terminate their training relationship, eliminating the facts binding them together as a ‘firm’ under Rule 1.0(c) and obviating the application of Rule 1.10. Second, should the training relationship remain referral is possible if each affected client gives his or her informed consent to the referral, confirmed in writing,’ the panel concluded.”
  • “The three-page decision is Rhode Island Supreme Court Ethics Advisory Panel Op. 2025-7, Lawyers Weekly No. 75-011-25. “

Florida Judge Denies Bid To DQ Boies Schiller In Fee Suit” —

  • “A Florida state court judge on Monday [6/23] denied a bid to disqualify Boies Schiller Flexner LLP in a lawsuit brought by pharmaceutical mass tort companies to block their former counsel from collecting fees after he was dismissed for alleged insufficient representation.”
  • “Judge Ariana F. Orshan of 11th Judicial Circuit Court denied the motion to disqualify brought by John H. Ruiz of La Ley Con John H. Ruiz PA, which does business as MSP Recovery Law Firm, after he argued that a Boies Schiller attorney disclosed confidential information about money that was owed while improperly contacting an MSP third-party investor.”
  • “Judge Orshan denied the motion in a ruling from the bench, saying that Boies Schiller’s interests were aligned with the MSP entities’ former counsel and that the companies lacked standing, according to Ruiz.”
  • “The Coffin defendants represented the plaintiffs between 2017 and 2021 in numerous litigation matters before the firm was fired for alleged substandard legal representation. The representation involved various confidential agreements, including a joint venture agreement with the goal of litigating pharmaceutical and Medicare Secondary Payer Act claims held by the plaintiffs.”
  • “Ruiz claimed in this June 6 motion to disqualify that the Coffin defendants, through Boies Schiller and its attorney Sashi Bach, had notified Hazel Partners Holding LLC that they were owed attorney fees and were interfering in a business relationship.”
  • “During the hearing before Judge Orshan, Ruiz argued that Coffin ‘learned about every transaction and every deal’ the MSP-related plaintiffs were involved in and that Boies Schiller and Bach improperly used that information to assert a lien. He added that ‘material non-public information’ was disclosed about a public company, in addition to arguing that not only is Coffin not owed any fees, but also that sharing attorney-client confidentiality could violate ethical rules.”
  • “‘There’s no way this law firm can represent Coffin and themselves when they know things about [MSP],’ Ruiz said during the hearing, arguing that the conflict can’t be waived. ‘You can’t breach fiduciary duty of loyalty just because a client didn’t pay a fee. A lawyer can’t essentially disregard confidences of their client if there’s a dispute.'”
  • “Jason Gonzalez of Lawson Huck Gonzalez PLLC, who is representing the Boies Schiller clients for the purpose of the disqualification motion, told Judge Orshan that there is no confidentiality provision in the joint venture agreement Ruiz referred to. Gonzalez added that the initial 2018 joint venture agreement preceded the nondisclosure agreement that was added months later and that the NDA was prospective, and only lasted one year.”
  • “Gonzalez added that his clients had informed consent and that rules don’t preclude Coffin as a co-defendant if he is sued. ‘The confidentiality is waived when Coffin is fired for malpractice,’ Gonzalez said. ‘We can defend ourselves and pursue funds we are owed.'”
  • “Judge Orshan told Ruiz that the joint venture agreement appeared to be between his MSP entities and the Coffin Law Firm, saying that the agreement said nothing about confidentiality. Addressing Ruiz, Judge Orshan said, ‘If there is an NDA, am I supposed to legally interpret that as a catch-all? I do believe this is a poorly written NDA.'”
Risk Update

Conflicts News — Crypto Client Calls Confidential Conflict, Firm Withdraws in Response to Pharma Conflicts/DQ Allegations

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Kirkland Stops Repping Novartis After Regeneron Sought DQ” —

  • “A New York federal judge accepted the withdrawal Thursday of the entire Kirkland & Ellis LLP team that recently joined Novartis Pharma’s legal team battling antitrust allegations over the eye medication Eylea, just a week after plaintiff Regeneron Pharmaceuticals sought their disqualification over an ‘unthinkable’ conflict of interest by the lawyers, whose firm previously represented Regeneron.”
  • “In endorsing the withdrawal of all five Kirkland attorneys, U.S. District Judge Philip M. Halpern put an end to the brewing fight sparked by Regeneron’s June 17 notice it would move to disqualify the lawyers because Kirkland had spent more than two years helping Regeneron ‘devise a global strategy for protecting its product Eylea’ intellectual property from proposed biosimilars.”
  • “The Kirkland team had only begun appearing for Novartis May 30, stepping in beside Novartis’ main counsel at White & Case LLP to defend against the five-year-old suit accusing Novartis of concealing the true history of an eye syringe treatment’s development from the U.S. Patent and Trademark Office to edge Regeneron out of the market.”
  • “Kirkland’s entry set off alarms at Regeneron, according to the June 17 letter brief from an attorney the company hired for the disqualification bid, Kimo S. Peluso of Sher Tremonte LLP. In it, Peluso pointed to the ‘billable work’ Kirkland attorneys performed for Regeneron from March 2020 to June 2022 helping devise a global legal strategy for ‘addressing possibly infringing biosimilars,’ especially in Europe and the United Kingdom.”
  • “‘This case concerns Regeneron’s claims that Novartis and Vetter Pharma colluded to exclude Eylea prefilled syringe formulations from the market, in part through fraudulent patent filings. It should be unthinkable that Kirkland would litigate this case against Regeneron,’ Peluso said at the time.”
  • “According to Peluso, Regeneron raised a conflict of interest objection to Kirkland’s appearance June 3. He said Kirkland responded with assertions that ‘its U.S. litigators were screened from Regeneron confidences.’ It wasn’t enough for Regeneron.”
  • “‘Kirkland’s purported screens offer zero comfort. The screen imposed on June 3 (this month) was obviously a belated scramble, imposed after Kirkland had already appeared in this case, likely weeks after it was hired. More troubling is Kirkland’s assertion that it has screened the prior representation since September 2019. That screen has not been effective,’ Peluso said, pointing to a June 2020 email from a Kirkland U.K. patent attorney, Nicola Dagg, encouraging Regeneron to hire her U.S. partners to defend the since-nixed syringe patent.”
  • “Peluso also said the conflict of interest issues directly implicate Hurst, who was copied on a January 2020 email from Dagg encouraging Regeneron to meet with Kirkland’s U.S.-based antitrust litigators. According to the letter, Hurst attended a meeting in London ‘under the calendar subject line ‘Kirkland Eylea – antitrust discussion.””

Quinn Emanuel faces another [conflict charge] by Binance founder” —

  • “The founder of the world’s largest cryptocurrency exchange is accusing Washington, D.C.-based law firm Quinn Emanuel Urquhart & Sullivan of representing him while having a conflict of interest. In a Florida court filing, Binance founder Changpeng “CZ” Zhao said that after he sought to address the alleged conflict, Quinn Emanuel partner William A. Burck terminated his representation of Zhao.”
  • “On Monday, June 9, Burck filed notices to withdraw as counsel for Zhao in a looming State of Florida Office of Regulation administrative trial, as well as other civil and regulatory matters, Zhao’s filing says.”
  • “In a response filed the same day, Zhao said the withdrawal came 24 hours after Burck ‘threatened Mr. Zhao that (Quinn Emanuel) would terminate its engagement of all matters’ with him unless Zhao abandoned a confidential arbitration he had initiated to address the conflict of interest.”
  • “Zhao’s filing states that Quinn Emanuel has represented both him and an unnamed opposing party in a foreign arbitration since 2020. Zhao asserts that the dual representation placed the firm ‘on both sides of the same matter,’ a situation he argues is barred by the District of Columbia’s Rules of Professional Conduct. He asked the Florida administrative judge to postpone his July 31 hearing by six months, and to order immediate transfer of his files, stating that the withdrawal, coming ‘on the eve of critical deadlines,’ will otherwise impair his defense.”
  • “In April, President Donald Trump urged his sons to fire Burck, who represented the Trump Organization, after learning Quinn Emanuel simultaneously represented Harvard University in litigation against the Trump administration.”
  • Filing: here

Inside the fallout at Paul, Weiss after the firm’s deal with Trump” —

  • “Three months ago, Paul, Weiss, Rifkind, Wharton & Garrison was under attack. The global law firm had just become the target of an executive order signed by President Donald Trump directing the firm and its clients to be cut off from government contracts, and for firm lawyers to lose their security clearances and be restricted from entering government buildings or dealing with federal employees.”
  • “Paul, Weiss wasn’t the first firm to be the focus of such an executive order, but it would go on to be the first to negotiate a deal with the White House in order to get it lifted. At the time, the firm’s leader Brad Karp said he was trying to save his team from an ‘existential crisis.'”
  • “Since then, the firm has endured. But the decision to strike a deal has led to high-profile departures among partners and drawn condemnation from Democrats and others in the legal community.”
  • “After Karp made a deal with Trump, at least 10 partners in the litigation department have resigned from the firm, including several with close ties to Democrats. A group of the departing partners have joined together to start their own firm where they will continue to represent tech giants like Meta and Google, and another has jumped ship to one of the four firms that chose to fight the administration in court. While the firms that have fought Trump have been vindicated in multiple swift rulings, Paul, Weiss has been dealing with fallout in the aftermath of the deal, according to three former attorneys and five others with knowledge of the firm granted anonymity to speak candidly about internal dynamics.”
  • “‘They made a calculated decision,’ said Elizabeth Grossman, executive director of government watchdog group Common Cause Illinois and a former Paul, Weiss associate who helped organize alumni opposition to the deal. ‘They were thinking about their bottom line… I think what we’ve seen is that they made the wrong decision.'”
  • “In recent weeks, five additional partners and at least eight associates, the majority of whom worked with Dunn at her previous firm and moved to Paul, Weiss around the same time as she did, have left Paul, Weiss to join Dunn and her colleagues at the fledgling firm Dunn Isaacson Rhee. Dunn and her partners have filed notices in multiple ongoing cases indicating they will continue representing big tech clients they were already representing at Paul, Weiss.”
  • “‘Paul, Weiss used to be the gold standard for litigation,’ said Bryson Malcolm, founder of legal recruiting firm Mosaic Search Partners. ‘I think that reputation is waning.'”
  • “Earlier this month, Paul, Weiss lost another recognizable name when the former chief federal prosecutor in Manhattan, Damian Williams, decamped to Jenner & Block, a much smaller firm by annual revenue. That firm had also been targeted by an executive order but successfully fought the administration in court instead of making a deal — something Williams seemed to allude to in the announcement of his move.”
  • “‘I’ve seen firsthand how this firm expertly tackles the toughest cases and lives its values,’ Williams said in a press release. ‘I’m excited to join a team with an extraordinary depth of legal talent that doesn’t shy away from hard fights — and delivers results that matter.'”
  • “‘We would never do anything to compromise our ability to advocate zealously on behalf of our clients, and we certainly reject any suggestion that any element of the agreement is contrary to law,’ Karp wrote in a response letter obtained by POLITICO.”
  • “Meanwhile, all the firms that have fought Trump’s orders have so far won in court. Four federal judges have struck down Trump’s executive orders aimed at firms Perkins Coie, WilmerHale, Jenner & Block and Susman Godfrey as unconstitutional. The Justice Department has not taken steps to appeal those rulings and the window of time for them to do so will soon close.”
  • “There may be more departures to come for Paul, Weiss. The nature of profit distribution at large firms gives partners an incentive to stay through the end of the fiscal year and the process of moving firms for partners is more lengthy and complicated than simply finding a new job willing to hire them.”
  • “‘It’s a very financially unattractive time to leave and you need several months to make the move anyway,’ said a partner at a separate firm granted anonymity to speak candidly about the industry.”
  • “And while top talent walks out the door, it may prove harder for Paul, Weiss to attract the next generation of lawyers.”
Risk Update

Risk Reading — Corporates and Conflicts, Vax Panel Conflicts, Union Clashes with State DA Over Outside Counsel,

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David Kluft notes: “Can I be adverse to my own client in a lawsuit if they don’t contest liability?” —

  • “A VA attorney appeared in a contract action for a Father against his Son and the Son’s Wife. Three days later, he appeared for the Son in a divorce matter against the Wife. There was no informed consent.”
  • “He argued that this was not a conflict because the Son never contested the debt to the Father. The lawyer moved for a default in the contract action against the Son (his own client) and the Wife. The wife had moved away by then so she wasn’t properly served with the Father’s complaint or the default motion, but the attorney falsely told the court she had been served.”
  • “License revoked for the conflict, the false statement to the court, and other misconduct.”
  • The order: here.

Three Skadden lawyers write on: “Navigating the maze of conflict of interest laws for corporate employees taking government roles” —

  • “It has been hard to miss the headlines in recent months involving a number of high-profile, high-net worth individuals taking senior positions in the federal government. There have always been wealthy individuals who go into the government, but the sheer number of such appointees and also ultra-wealthy business owners being appointed are testing the conflict of interest laws.”
  • “These laws attempt to prevent self-dealing and preserve the objectivity of public officials. However, what often goes overlooked are the significant impacts they can have on not only the appointees but also the companies at which they work (or in which the appointees have significant ownership interests).”
  • “For an appointee’s company, the challenges extend far beyond the headlines and into the realm of operational, legal, and reputational risk, as the obligations imposed by conflict of interest statutes can create unexpected complications for businesses whose employees seek or hold public office at the federal, state, or local level. Understanding and navigating these risks is essential not only for the individuals involved, but also for the organizations that may find themselves dealing with new restrictions, disclosure requirements or even prohibitions on doing business with government entities as a result of an employee’s public service.”
    Federal disclosure, recusal and divestment requirements”
  • “At the federal level, the primary conflict consideration is the prohibition, contained in 18 U.S.C. § 208, on federal officials participating in decisions (even broad policy decisions) that can affect companies or businesses in which they have financial interests. In addition, Office of Government Ethics rule 5 CFR § 2635.502 covers not only companies in which an official currently has a financial interest but also any company that employed or retained the official during the one-year period before joining the government. However, this rule requires recusal merely from matters where the company is an actual party, as opposed to broad policy decisions.”
  • “These prohibitions underpin requirements that incoming officials disclose their financial interests (publicly for senior officials) going back a full calendar year before joining the government, agree to recuse themselves from matters that impact those interests and, where recusal is not feasible given the responsibilities of their office, divest holdings that conflict with those responsibilities. The premise is simple enough, but these requirements can present daunting and unanticipated challenges for both the incoming officials and, in some cases, their employers.”
  • “Disclosure forms require not just a list of holdings but the official must assign them a value as well, which can be unwelcome news for the official’s employer if that would result in disclosing sensitive information regarding employment-related assets. For example, this can be particularly problematic for those coming from a private equity background with significant holdings in PE funds and related carried interest vehicles, which are notoriously difficult to value.”
  • “Moreover, in many cases the law may require identifying a fund’s underlying holdings, information which is commonly viewed as proprietary and protected by confidentiality agreements. As for the recusal requirement, agreeing to divest from these interests may be the only resolution, but even that step can be challenging if the assets are illiquid.”
  • “It can also impose significant costs on the official who may be forced to sell quickly or at an inopportune time. For example, having to suddenly divest a significant ownership interest in a closed-end private equity fund could be a dealbreaker given the difficulty of quickly identifying a qualified buyer acceptable to the fund sponsor. It is generally advisable for potential appointees – even if they do not fall into the ‘ultra-wealthy’ category – to work with the relevant ethics officials early in the process to determine what they may need to sell off in order to determine whether accepting their appointment is financially feasible.”
  • “While most of the media attention focuses on federal officials, similar conflict of interest laws exist at the state and local level. Every state has its own rules governing the conduct of public officials, as do many cities, towns and counties — and in many cases, they can be even more stringent than the federal rules with more consequences for an official’s private employer.”
  • “Moreover, given that these laws tend to apply broadly to most, if not all, elected and appointed positions in a given state or locality — including, for example, school boards, town councils and zoning commissions — from a company’s perspective, it is far more common to have employees seeking state or local positions that can trigger these consequences than employees entering federal office.”
  • “While these laws can present similar disclosure, divestment, and recusal considerations as the federal regime does, many state and local conflict laws impose restrictions well beyond requiring an official to recuse from certain matters. These restrictions can create real risk for a company, particularly when an employee intends to keep their job and serve as a part-time state or local official. For example, in some jurisdictions, an employee may be prohibited from appearing on behalf of his or her employer before not just their own agency, but any agency within their jurisdiction. If the employee’s job duties include regularly interacting with the government, such a restriction may be unworkable.”
  • “State and local laws also may bar an official from sharing in any profits generated from government contracts, even if they had no involvement in negotiating or approving the contract in question while wearing their government ‘hat.’ Successfully navigating these types of restrictions could require imposing special compensation arrangements and/or limitations on the employee’s involvement with the work being done under government contracts.”
  • “Most importantly, under the strictest laws, the company could face an absolute prohibition against maintaining or entering into new government contracts with the employee’s agency — or even other agencies in the same jurisdiction — regardless of whether the employee has any involvement in the process. For example, California Government Code § 1090 generally prohibits an agency from entering into a contract with a company that employs a member of the agency’s board, even if the employee recuses entirely from the agency’s contract discussions and approval process.”
  • “Given the significant risks highlighted above, it is essential for companies to maintain a policy requiring employees to obtain prior approval before seeking or accepting any government position — no matter how minor it may seem. This requirement allows a company to properly vet those requests to protect the company from unforeseen consequences, both legal and reputational.”
  • “A particular concern when faced with this dilemma is the fact that many states have labor laws that limit an employer’s ability to restrict the outside activities of its employees, and some specifically protect employees’ rights to serve in public office or participate in political activities. Such laws must be taken into consideration when evaluating potential restrictions or requirements to impose on an employee as a result of conflict laws.”

Member of RFK Jr’s new vaccine panel withdraws over conflict of interest” —

  • “A member of the health secretary Robert F Kennedy Jr’s newly overhauled federal vaccine advisory panel withdrew after a conflict of interest review, a spokesperson has told the Guardian. Dr Michael Ross, who was involved in multiple private healthcare companies, withdrew after review of his financial holdings.”
  • “Kennedy unilaterally fired all 17 members of the Centers for Disease Control and Prevention’s (CDC) advisory committee on immunization practices (ACIP) in June, arguing they had too many conflicts of interest.”
  • “Ross was among eight of Kennedy’s ideological allies appointed to the committee, after the secretary argued the old members of the committee were subject to too many conflicts of interest.”
  • “‘Yesterday, Dr Michael Ross decided to withdraw from serving on ACIP during the financial holdings review,’ a spokesperson for the Department of Health and Human Services (HHS) said.”
  • “The spokesperson made the comments after Guardian inquiries about conflict of interest disclosures for new members of ACIP. Although the Trump administration and Kennedy developed a conflict of interest tracker specifically for ACIP members, Kennedy’s appointees have not been added.”
  • “The new members of the committee were asked to disclose conflicts of interest before the meeting began on Wednesday. The committee chair Dr Martin Kulldorff and committee member Dr Robert Malone omitted widely reported work in vaccine litigation, and nurse Vicky Pebsworth said she was ‘asked to read’ a statement disclosed ownership of a healthcare stock but said it was below the government ethics office threshold for reporting.”

The conflicts tracker itself is fascinating, and is accessible here: “Conflicts of Interest Disclosures of ACIP Members

California AG is sued by his office’s lawyers for outsourcing climate case” —

  • “California Attorney General Rob Bonta’s decision to hire an outside law firm to handle a high-profile climate lawsuit has drawn its own legal challenge — from lawyers in his office.”
  • “The labor union that represents attorneys in Bonta’s office has filed a lawsuit in Sacramento County Superior Court, saying the California State Personnel Board wrongfully sided with Bonta (D) who enlisted the law firm Lieff Cabraser Heimann & Bernstein in the state’s lawsuit against some of the world’s largest oil companies.”
  • “The union — California Attorneys, Administrative Law Judges and Hearing Officers in State Employment (CASE) — argued that hiring outside lawyers violates state law and is dispiriting for the 1,100 attorneys on staff. The climate lawsuit, the union said, ‘are the kinds of cases that attract attorneys to come to work for the state in the first place.'”
  • “‘To go hire a high-end law firm, as interesting as the litigation might be, it’s a run-of-the-mill, garden variety legal theory,’ CASE president Timothy O’Connor said in an interview. ‘Why they would need to go out to $1,600-an-hour attorneys for work that we feel is completely within the expertise of our very good and dedicated civil service attorneys is beyond me.'”
  • “In court filings, the union said hiring an outside firm ‘deprives civil service attorneys of once-in-a-career opportunities’ and reduces ‘the few incentives that currently exist to entice young attorneys to come to work for the state.'”
  • “‘Illegally outsourcing this work will do incalculable damage to the state’s legal workforce,’ the petition states, adding that it would ‘ironically lead to a greater need to outsource more legal work in the future due to a lack of expertise and experience that could be gained on a case like this.’ Bonta should have made certain he had the resources and staff to prosecute the case before it was filed, the union said.”
  • “Bonta’s office said in court documents that although it has assigned five lawyers from the office to the case, its attorneys ‘lack sufficient experience and expertise in litigating such a massive lawsuit against an entire industry with nearly limitless legal resources at its disposal.'”
  • “In a letter to the union, Bonta’s office called the lawsuit ‘one of the largest, most high-profile, and most significant cases the Department of Justice has ever litigated.’ If the climate cases are successful, the oil industry could be forced to pay hundreds of billions of dollars for harming the public — like tobacco and opioid manufacturers before it.”
  • “Judge Shelleyanne Chang has scheduled a hearing in the case for June 27.”
  • [UPDATE: At this hearing, the judge issued a tentative ruling rejecting the petition.]
jobs

BRB Risk Jobs Board — Conflicts Analyst (Fredrikson)

Posted on

In this BRB jobs update, I’m pleased to spotlight updates to an open position at Fredrikson, which is now open to remote candidates: “Conflicts Analyst (Remote)” —

  • We are seeking a Conflicts Analyst to join our Conflicts Team.
  • This fully remote position (available to candidates located Minnesota, Iowa, Illinois, Missouri, Wisconsin, Washington, Oregon and Colorado) is essential to ensure timely, accurate conflicts reporting and analysis to minimize risk to the Firm.
  • The ideal candidate is detail-oriented, collaborative, and has a strong understanding of conflict rules and legal risk analysis. This position reports to the Conflicts Manager and works closely with attorneys and staff across the Firm.

Key Responsibilities Include

  • Ensure accurate entry of parties into the conflicts database, including corporate family structures.
  • Conduct corporate research using multiple tools to assess conflicts for new business intake and other matters.
  • Prepare and deliver thorough written and verbal conflict analyses.
  • Analyze new business intake reports, lateral hire conflicts, RFPs, and other materials with a critical lens.
  • Assist in managing attorney and staff requests, providing prompt and clear guidance.
  • Support lateral candidate conflict reviews and engagement letter/conflict waiver processes.
  • Conduct conflict searches and reviews independently, escalating only complex issues as needed.
  • Maintain professional and efficient communication at all times.

Our Ideal Candidates Will Have

  • A minimum of 3 years of experience in a large law firm setting.
  • Knowledge of conflicts rules under the Rules of Professional Conduct.
  • Associate’s degree or equivalent experience; bachelor’s degree or paralegal certificate strongly preferred.
  • Familiarity with conflicts software such as Intapp Open, Elite, and legal research tools like Dun & Bradstreet Family Tree Portal.
  • Proficiency in Microsoft Outlook, Word, and Excel.
  • Strong analytical, written, and verbal communication skills.
  • Excellent organizational skills and attention to detail.
  • Ability to manage confidential information and interact effectively with legal professionals at all levels.
  • Understanding of conflict resolution methods such as waivers and ethical screens.


Benefits

Our comprehensive benefits options include medical, dental, vision, basic and supplemental life insurance, short-and long-term disability, employee resource benefits (inclusive of counseling, coaching, and care-giving guidance), paid-parental leave, parenting classes, pre-tax parking and transportation options, and much more! Our retirement plan includes financial planning, Social Security/Medicare planning, 401k/Roth investment options, and a firm-paid profit-sharing contribution. Benefits are subject to eligibility requirements and other terms and conditions.

About Fredrikson

Diversity and inclusion are core values of Fredrikson & Byron. To best serve our clients, we provide innovative solutions to legal needs by cultivating a diverse workforce. With a reputation as the firm “where law and business meet,” our attorneys and staff bring business acumen and entrepreneurial thinking to operate as business advisors, strategic partners, and legal counselors to our clients. The firm’s 400+ attorneys serve clients through our ten locations around the world: Minneapolis, Saint Paul, and Mankato, MN; Bismarck and Fargo, ND; Ames and Des Moines, IA; Madison, WI; Saltillo, Mexico; and Shanghai, China. Visit www.fredlaw.com for more information.

Fredrikson is an equal employment opportunity employer. All qualified applicants are encouraged to apply. Fredrikson does not discriminate in its recruiting, hiring or employment practices on the basis of race, color, religion, creed, age, sex, pregnancy, childbirth, or related medical conditions, national origin, ancestry, marital status, familial status, disability, sexual orientation, gender identity or expression, military or veteran status, genetic information, status with regard to public assistance, and any other characteristics protected by applicable local, state, and/or federal laws.

 

See their careers site for more on the company and work environment, see the complete job posting for more details on the position and to apply.


And if you’re interested in seeing your firm’s listings here, please feel free to
reach out

Risk Update

Conflicts Updates — Lawyer’s Conflict Costs, 23andMe Bankruptcy Conflict Concern, Freivogel Findings

Posted on

Neither rain nor snow nor sleet nor hail shall keep Bill Freivogel from catching conflicts and crafting commentary. Here’s his latest:

  • In re Edison, No. 2025-SC-0193-KB (Ky. June 20, 2025).
    • Lawyer discipline. We rarely report on discipline cases because the alleged conflict of interest is usually secondary to something more serious like stealing client money. Here, the conflict is key.
    • Client A went to Lawyer because a neighbor’s dump truck was damaging a road adjacent to Client A’s property. Lawyer advised Client A the road was public and the neighbor could legally drive his truck on it.
    • Two years later Clients B and C hired Lawyer to bring an action to remove a gate blocking that same road. Lawyer sued the adjoining land owners, including Client A. In that case Client A moved to disqualify Lawyer, and the trial court granted the motion. Client A then filed a Bar complaint against Lawyer.
    • The trial commissioner found that Lawyer had violated Kentucky Rule 1.9 and should receive a public admonition. In this opinion the Kentucky Supreme Court affirmed.
  • Allstate Ins. Co. v. Matturro, No. A-0711-24 (N.J. App. Div. June 16, 2025).
    • Plaintiffs are six insurance companies who paid PIP auto accident benefits to various health care providers. Plaintiffs claim that the defendant providers (42 of them) are liable for fraud for claiming payments for unnecessary care, or for no care at all. Law Firm purports to represent 32 of the defendants.
    • Plaintiffs moved to disqualify Law Firm claiming its joint representation was a conflict of interest. The trial court denied the motion, in part because none of the defendants had made claims against each other or sought separate representation. In this opinion the appellate court vacated the trial court’s denial and remanded for “further analysis.”
    • Two instigators brought in various individual doctors and caused the creation of entities in which the doctors participated in the alleged billing fraud. The appellate court ruled that the claim of no conflict did not “pass the straight-face test” (our phrase). All sorts of cross-claims seem inevitable, not to mention the apportionment of liability under New Jersey’s Comparative Negligence Act. Moreover, neither the defendants nor Law Firm provided any agreements or waivers regarding the joint representation.
  • Hreish v. Pappas, 24-CV-2284 (JHR)(BCM) (S.D.N.Y. June 10, 2025).
    • In this case various current and former officers of, and investors in, a corporation, ECC, are fighting for control of ECC. ECC’s only asset is a Delaware Chancery Court derivative action claim.
    • Defendants moved to disqualify the lawyer for Plaintiffs (“Lawyer”), primarily because Lawyer is representing individual plaintiffs as well as ECC. In this opinion the magistrate judge denied the motion to disqualify.
    • The history of ECC and the claims and cross claims in this case are bewilderingly complex, and the court’s findings appear to us to be of little precedential value. Essentially, the magistrate judge seems to be saying that because a conflict among the plaintiffs may surface is not enough at this stage to find a violation of N.Y. Rule 1.7.

Justice Department Challenges WilmerHale’s Role in 23andMe Bankruptcy Over Conflict of Interest Concerns” —

  • “The legal landscape surrounding 23andMe’s ongoing bankruptcy proceedings took a new turn as the U.S. Justice Department’s bankruptcy watchdog challenged the participation of law firm WilmerHale in assessing privacy matters related to the potential sale of the company’s genetic data. The Department of Justice has expressed concerns over potential conflicts of interest arising from WilmerHale’s dual role. The firm, while representing a law professor tasked with making important privacy-related recommendations, is simultaneously involved with Regeneron Pharmaceuticals Inc. on unrelated matters.”
  • “The core of the DOJ’s argument is centered on the risk of WilmerHale compromising their duty of loyalty. This concern stems from the notion that WilmerHale may inadvertently downplay critical privacy considerations concerning the sale of genetic data from 23andMe’s customers, given its obligations to its client Regeneron. According to the DOJ’s filing on the matter, the potential conflict of interest is significant enough to warrant the firm’s removal from these proceedings.”
  • “Complicating the scenario further is the outcome of a recent auction where Regeneron was edged out by a nonprofit organization overseen by 23andMe’s former CEO. Despite the auction results, the situation puts a spotlight on WilmerHale’s role and emphasizes the inherent complexities of managing fiduciary duties amidst overlapping professional engagements.”
  • “Legal experts within the industry will be closely monitoring the developments of this case, as it underscores the delicate balancing act firms face when grappling with multiple client commitments. The DOJ’s stance invites scrutiny and raises broader ethical questions regarding how law firms manage dual loyalties and potential conflicts.”

Vancouver lawyer Steve Alexander Parr fined $20,000 for professional misconduct” —

  • “Vancouver lawyer Steve Alexander Parr has been fined $20,000 and ordered to pay the Law Society $1,000 in costs for professional misconduct.”
  • “In a joint submission to a Law Society Tribunal hearing panel, Parr admitted to acting in a conflict of interest in the course of representing his clients. In May 2020, he represented two clients in relation to a partnership venture but failed to obtain written consent to a joint retainer, advise either client that both had asked to retain him, or explain that information shared by either client would not be confidential. Parr did not advise them that if an unresolvable conflict developed, he would have to withdraw from representing both clients. In addition, from July 2020 to July 2022, Parr continued to represent one client while acting against the interests of his former client in relation to the same partnership venture in which he had jointly represented both.”
  • “In accepting his joint submission, the hearing panel Law Society took into consideration an Agreed Statement of Facts, a letter from Parrrs containing his admissions, and the outcomes in prior, similar cases.”
  • “The full decision of the hearing panel can be read here. “
Risk Update

Risk News — DC Court of Appeals Updates OCG/Engagement Letter Rules, Judge’s Ruling Raises Conflicts Call

Posted on

A judge sided with Trump. Behind the scenes, he was lobbying for a nomination” —

  • “A Florida state judge was lobbying for a seat on the federal bench. After he sided with the president in a defamation case, Donald Trump gave him one.”
  • “Ed Artau, now a nominee to be a district court judge in Florida, met with staff in the office of Florida Republican Sen. Rick Scott to angle for the nomination less than two weeks after Trump’s election last fall, according to a new Senate disclosure obtained by POLITICO. In the midst of his interviews, Artau was part of a panel of judges that ruled in Trump’s favor in the president’s case against members of the Pulitzer Prize Board.”
  • “About two weeks after the court published his opinion — which called for the overturning of a landmark Supreme Court case that made it harder for public officials to sue journalists — he interviewed with the White House Counsel’s Office. In May, Trump announced his nomination to the federal judiciary.”
  • “Critics raised concerns about Artau’s impartiality at the time of the announcement, in light of his ruling in the Pulitzer case. But the overlapping timeline of that decision with his meetings with Senate staff and the White House Counsel’s Office has not previously been reported.”
  • “The president has wide latitude to nominate whomever he wishes to the federal bench. But Artau’s vehement defense of Trump — while seeking a nomination from his administration — ‘raises serious questions about his impartiality,’ Caroline Ciccone, president of watchdog group Accountable.US, said in a statement. The administration’s decision to nominate Artau after that opinion also reflects a pattern of elevating those who have sought to ingratiate themselves with Trump.”
  • “‘Coming across as an archpartisan is now perceived as something that can help your cause with President Trump,’ Charles Geyh, a professor at Indiana University Maurer School of Law, said in an interview. ‘The idea that you would have a judge thinking you know, it’s a good idea to go on the warpath in support of the President, is really a new development.'”
  • “According to his official Senate questionnaire, Artau met with Scott’s general counsel on Nov. 14 to discuss his interest in the vacancy on the U.S. District Court for the Southern District of Florida. After Sen. Ashley Moody (R-Fla.) was appointed to the Senate in January to succeed now-Secretary of State Marco Rubio, Artau contacted her office to indicate interest in the nomination. At some point after that, Artau said he was informed the senators would recommend him.”
  • “On Feb. 12, the court published his opinion in Trump’s favor in the defamation case against the Pulitzer Board, and on Feb. 27, he interviewed with attorneys from the White House Counsel’s Office.”
  • “Thereafter, he was informed that he was under consideration for the nomination, and on May 27, he met with Trump, according to Artau’s answers provided in the questionnaire. Trump announced he would nominate Artau to be a district judge in South Florida the next day, writing in a post on Truth Social that Artau has ‘a GREAT track record of restoring LAW AND ORDER and, most importantly, Common Sense.'”
  • “In the Senate disclosure, Artau affirmed no one involved in the judicial nomination selection process ‘discussed with [him] any currently pending or specific case, legal issue or question in a manner that could reasonably be interpreted as seeking any express or implied assurances concerning [his] position on such case, issue, or question.'”
  • “Artau’s opinion in the defamation case was unusual, in part because the ruling concerned a largely procedural matter. Trump had sued the Pulitzer Board for defamation after he requested that it rescind the 2018 awards given to The New York Times and The Washington Post for their coverage of Russian election interference and ties to Trump’s orbit. The three-judge panel in Florida, including Artau, allowed the case to proceed.”

Court of Appeals Amends Rules Regarding Client Demands in Engagement Letters and Outside Counsel Guidelines” —

  • “On May 14 the D.C. Court of Appeals adopted revisions to D.C. Rules of Professional Conduct 1.6 (Confidentiality of Information), 1.7 (Conflict of Interest: General Rule), 1.16 (Declining or Terminating Representation), and 5.6 (Restrictions on Right to Practice), as largely proposed by the D.C. Bar Rules of Professional Conduct Review Committee. “
  • “The amendments limit certain practices that (1) restrict the ability of prospective clients to engage counsel of their choice; (2) impose restrictions on lawyers’ independence and right to practice; (3) restrict a lawyer’s right to retain a copy of a client’s file, including the lawyer’s work product; and (4) restrict a lawyer’s right to make use of general, nonconfidential information acquired in the course of a representation.”
  • “Specifically, new language in Rule 1.6(b) clarifies that the defined term ‘secret’ generally does not refer ‘to legal knowledge or legal research, to knowledge the lawyer has obtained about the regulatory environment in which a client operates, or to information that is generally known in the local community or in the trade, field, or profession to which the information relates.’ A new comment to Rule 1.6 explains that agreements restricting a lawyer’s use of information obtained during a representation could raise concerns about the ability of clients to obtain lawyers as well as the ability of lawyers to represent other clients competently and zealously.”
  • “Revised comment [25] to Rule 1.7 states that agreements precluding representation of other clients in circumstances that do not preclude representation under the Rules do not expand the scope of the Rules. “
  • “Revised Rule 1.16(d) and a new comment indicate that lawyers can ethically retain copies of client documents, as long as the lawyers maintain confidentiality with respect to those documents.”
  • “Finally, a new comment to Rule 5.6 states that ‘a lawyer should not agree to restrictions a client seeks to place on the lawyer’s ability to represent other individuals or entities whose representation is not otherwise precluded by these rules if those restrictions would unduly interfere with the general ability of clients to obtain lawyers or lawyers’ ability to engage in public service or would undermine the integrity of the profession.'”
    “The amendments take effect September 15, 2025.”
jobs

BRB Risk Jobs Board — Conflicts Analyst (Keker)

Posted on

In this BRB jobs update, I’m pleased to spotlight an open position at Keker: “Conflicts Analyst” [description PDF here] [application link here] —

  • Keker, Van Nest & Peters LLP is seeking a Conflicts Analyst to support the firm’s risk management and new business intake functions by conducting thorough conflict of interest checks related to new client matters and lateral attorney hiring.
  • This role involves gathering and analyzing relevant information, reviewing new matter requests, identifying, and advising on potential conflicts, and assisting in their resolution.
  • The Conflicts Analyst also contributes to opening new matters, generating reports, and providing administrative support to other departments as needed.
  • The position is a hybrid role for Bay Area residents, requiring at least two days per week in our San Francisco office and allowing remote work for the remaining three days. For candidates outside the Bay Area, a fully remote option is available

Key Responsibilities:

  • Creates, reviews, interprets, and summarizes conflicts report results and demonstrates sound analysis of conflicts issues.
  • Conducts accurate research to identify potential or actual conflicts posed by new work or new hires. For example, determining if matters have been closed, ascertaining the nature of an entity’s role in a matter, retrieving any existing conflicts waivers, and identifying affiliate relationships of corporate entities.
  • Actively consults and advises Firm attorneys regarding conflicts clearance, and documents or audits steps taken to clear any conflicts.
  • Performs searches of external and internal databases for pertinent information on prospective clients and related parties, and subsequently enters new information into the Conflicts and Accounting databases.
  • Triages New, Lateral and Summer Associate hire requests, including communicating with candidates, to clarify and confirm that work and employment information provided is accurate.
  • Maintains the conflicts database with appropriate information about firm clients and matters, client subsidiaries and affiliates, related parties, etc. Enters information obtained during the conflicts clearance process in the conflicts database documenting the resolution of conflicts and any waivers, where necessary. Close cases in database as requested and notifies appropriate administrative departments of closures.
  • Monitors and responds to Conflicts requests in a timely fashion.
  • Assists with special projects as assigned.

Required Skills and Experience:

  • BS or BA degree preferred; equivalent work experience may be substituted.
  • 5+ years of previous law firm conflicts experience is desired.
  • Solid understanding of legal conflicts and related ethical rules.
  • Knowledge of basic litigation legal concepts and familiarity with litigation documents.
  • Capable of keeping confidential all information, observations, or viewpoints regarding firm business matters.
  • Adept at using Microsoft Suite – Word, PowerPoint, Excel. Previous experience with Intapp, LegalKey or Elite databases strongly preferred.
  • Strong analytical, critical thinking and organizational skills.
  • Proven ability to operate at all levels within an organization.
  • Ability to accept direction and constructive feedback.
  • Ability to take ownership and work independently to resolve issues.
  • Works under moderate supervision.

Required Soft Skills:

  • Solid ability to multitask competently and pay close attention to details.
  • A team player with solid interpersonal, communication and writing skills.
  • Excellent decision-making skills and demonstrated ability to think on your feet.
  • Excellent people skills – ability to work in a team oriented and collaborative environment.
  • Excellent customer service skills and proficiencies.

 

About Keker, Van Nest & Peters

  • For more than 40 years, Keker, Van Nest & Peters LLP has litigated complex, high- stakes civil and criminal cases throughout the nation. We take cases where companies, products, and careers are riding on the result. Our clients are high-profile individuals, as well as some of the world’s most successful companies, including Dexcom, Google, Genentech, Lyft, Meta, Netflix, OpenAI, and Qualcomm. Recently we have been named as The Recorder’s Tech Litigation Department of the Year and The American Lawyer’s Litigation Boutique of the Year, among many additional prestigious recognitions. The firm not only prides itself in its record of success at trial, but in the office culture it maintains.
  • Our office, in the historic Jackson Square district of San Francisco, features brick and timber architecture, an eclectic modern art collection, and an open-door policy. The office environment is fast-paced, dynamic, and informal. Enjoy the camaraderie of a smaller firm that values each team member’s contributions. We offer competitive compensation and comprehensive benefits, including medical/dental/vision/life/and AD&D insurance, 401(k) savings plan, back-up childcare and eldercare, generous paid time off (PTO), as well as opportunities for professional development and growth. If this sounds like a good fit, we are excited to hear from you.

 

See their careers page for more on the company and work environment, see the [description PDF here] and to apply: [application link here].

 

And if you’re interested in seeing your firm’s listings here, please feel free to reach out

Risk Update

Risk Reading — UK judge Warns Lawyer Misuse of AI Could Result in Life Prison Sentence, Settlement Non-disparagement Clauses Can Create Conflicts for Firms and Lawyers,

Posted on

Always interesting spots by David Kluft: “Can an attorney agree to be bound by a settlement agreement’s non-disparagement clause?” —

  • “A TN lawyer representing a plaintiff in a product liability case was presented with a settlement agreement containing a provision that would make the lawyer a party to the agreement and prohibit him from disparaging the defendant corporation thus limiting his ability to use and discuss negative information about the defendant in other cases.”
  • “The TN Board of Professional Responsibility opined that the agreement would violate public policy because it would restrict public access to the information, undercut the role of plaintiff’s counsel as an industry watchdog, and create a potential conflicts with the interests of future clients who may have a claim against the defendant. The attorney therefore cannot ethically agree to be bound by the non-disparagement provision.”
  • See: Formal Ethics Opinion 2025-F-171

UK judge warns of risk to justice after lawyers cited fake AI-generated cases in court” —

  • “Lawyers have cited fake cases generated by artificial intelligence in court proceedings in England, a judge has said — warning that attorneys could be prosecuted if they don’t check the accuracy of their research.”
  • “High Court justice Victoria Sharp said the misuse of AI has ‘serious implications for the administration of justice and public confidence in the justice system.'”
  • “In the latest example of how judicial systems around the world are grappling with how to handle the increasing presence of artificial intelligence in court, Sharp and fellow judge Jeremy Johnson chastised lawyers in two recent cases in a ruling on Friday.”
  • “They were asked to rule after lower court judges raised concerns about ‘suspected use by lawyers of generative artificial intelligence tools to produce written legal arguments or witness statements which are not then checked,’ leading to false information being put before the court.”
  • “In a ruling written by Sharp, the judges said that in a 90 million pound ($120 million) lawsuit over an alleged breach of a financing agreement involving the Qatar National Bank, a lawyer cited 18 cases that did not exist.”
  • “In the other incident, a lawyer cited five fake cases in a tenant’s housing claim against the London Borough of Haringey. Barrister Sarah Forey denied using AI, but Sharp said she had ‘not provided to the court a coherent explanation for what happened.'”
  • “The judges referred the lawyers in both cases to their professional regulators, but did not take more serious action.”
  • “Sharp said providing false material as if it were genuine could be considered contempt of court or, in the ‘most egregious cases,’ perverting the course of justice, which carries a maximum sentence of life in prison.”
  • “She said in the judgment that AI is a ‘powerful technology’ and a ‘useful tool’ for the law.”