Risk Update

Conflicts Alleged and in Contention — Potential Lawyer Witnesses & Opioid Matters

Posted Dan Bressler

“Judge Rules Exec Can Cite Alleged Weil Conflicts To Seek New Opioids Trial” —

  • “The former national sales director of opioid medicine manufacturer Insys Therapeutics, seeking a new trial, has accused his ex-defense lawyers at Weil, Gotshal & Manges of hiding a conflict from him because their firm is also working on Insys’ bankruptcy.”
  • “On Monday, however, Simon went further, saying it had become apparent that his lawyers at Weil had a conflict they didn’t tell him about. While supposedly defending him, Simon said, Weil advised Insys with its pending bankruptcy as the company helped the government investigate its former executives, including Simon.”
  • “U.S. District Judge Allison Burroughs of the District of Massachusetts on Tuesday partly granted his motion to submit supplement arguments seeking a new trial. She gave Simon through Sept. 9 to file a brief with more details.”
  • “In a statement, a Weil representative said at no point was the firm representing adverse interests and said Simon was aware of its work for Insys ‘at the outset…In addition, Weil did not provide any advice to Insys or communicate with its other legal counsel with respect to whatever cooperation Insys provided to the Department of Justice in connection with the deferred prosecution agreement,’ the statement continued.”

“DQ Order Nixed In Wyndham Suit Against Timeshare Exit Cos.” —

  • “A Tennessee federal judge has vacated a magistrate judge’s recommendation to disqualify two attorneys representing a timeshare exit company in a false advertising suit brought by Wyndham Vacation Ownership Inc., saying there’s not enough evidence to support ruling out the lawyers as possible witnesses.”
  • “U.S. District Chief Judge Waverly D. Crenshaw Jr. on Monday returned Wyndham’s attempt to disqualify attorneys Aubrey Givens and Kristin Fecteau Mosher to Magistrate Judge Jeffery S. Frensley. Judge Crenshaw ordered him to develop a record of evidence that would determine whether the lawyers could serve as essential witnesses in the case accusing Legal Timeshare Aid and owner Charles Simerka of running a scheme in which they falsely claimed they could help Wyndham timeshare owners terminate their purchase contracts.”
  • “‘Particular care must be taken in the context of motions to disqualify because the ability to deny one’s opponent the services of capable counsel is a potent weapon that can be misused as a technique of harassment,’ Judge Crenshaw wrote in his order.”