Risk Reading — Judge’s Judgement on Realtionship-driven Recusal, Attorney Public Bio Risks and Responsibilities, Regulator Risk, Accountant-Client Privilege

Posted Posted in Risk Update

The aptly named Meatingplace, which bills itself as “the premier multimedia information source for the red meat and poultry processing industry” noted: “Federal judge offers to step down in poultry antitrust case” — “A federal judge offered to recuse herself from an antitrust case after a lawyer from the judge’s husband’s former law firm made […]

Lawyer Conflicts News — Conflicts Allegation Meets Privilege Fight, City Conflicts Causes Civil Penalty, Insider Trader Dikshit’s Last Ditch Conflicts Accusation

Posted Posted in Risk Update

“Pace-O-Matic Potential Victim Of Legal Misconduct In PA Skill Games Battle” — “Pace-O-Matic (POM), a Georgia-based skill games manufacturer, is in the midst of a lawsuit against former legal partner Eckert, Seamans, Cherin & Mellott, LLC (Eckert), claiming the firm also represented a Pennsylvania casino at the same time. The United States District Court for […]

Lawyer Disqualifications Denied — Bank Doc Dust Up, Shareholder Suit Meets Discovery “Banking Privilege” Debate

Posted Posted in Risk Update

“No Rule Violations: Judge Denies Motion to Disqualify Agency’s Attorney in Suit Against Shareholder, CFO” — “A federal judge in Pennsylvania is allowing a Pittsburgh attorney representing On-Site Companionship Services Corp. to stay on a civil lawsuit filed against the agency’s sole shareholder and chief financial officer, denying the defendants’ claim that the lawyer violated […]

Emerging Risk Grab Bag — Deepfake Evidence Risk, PR Crisis Management Privilege Risk, Lawyer Email Encryption Opinions

Posted Posted in Risk Update

“To Share or Not to Share: Avoiding Privilege Waiver When Working with PR Consultants” — “In today’s environment, clients are increasingly interested in retaining public relations (PR) firms, crisis managers or media consultants—especially when a potential scandal is about to break or an investigation is underway or on the horizon.” “Indeed, sometimes those responsible for […]

Law Firm and Juridical DQs — Judicial Disqualification Clarity from New York, Posing Lawyer + Privilege DQ Debated

Posted Posted in Risk Update

“9th Circ. Won’t Undo Calif. Firm’s DQ For Privileged Info” — “The Ninth Circuit has denied a request to reconsider its decision upholding the disqualification of a San Diego business litigation firm from a racketeering lawsuit due to the firm allegedly obtaining privileged information through a man who posed as a lawyer.” “The lower court […]

Law Firm Conflicts Spotlight — Privilege Fight Over Conflicts-driven Discovery, Lawyer’s First Amendment Argument on USPTO Conflicts Suspension Fails

Posted Posted in Risk Update

“Judge Says Privilege Doesn’t Cover Documents Sought in Suit Against Eckert Seamans” — “A federal judge upheld an order against Eckert Seamans Cherin & Mellott in a discovery dispute central to a former client’s conflict-of-interest suit against the firm.” “The Tuesday decision from U.S. District Judge Jennifer Wilson of the Middle District of Pennsylvania affirmed […]

Conflicts Calls — “Side-switching,” Privilege Log-surfaced Conflicts Allegation, “Optical” Investigation Conflicts

Posted Posted in Risk Update

“NRA Wants Dorsey & Whitney DQ’d From Ad Agency Suit” — “The NRA claimed in a motion Monday that a privilege log recently revealed that Dorsey & Whitney LLP worked briefly with Virginia lawyer Mark Dycio, who had advised the association on matters relevant to the case.” “‘The incurable conflicts arising from Dycio’s misconduct, which […]

Theranos Lessons — Client Definition, Engagement Letters, Conflicts and Client Privilege

Posted Posted in Risk Update

“An Important Reminder Regarding the Scope of the Attorney-Client Privilege in the Corporate Setting” — “Earlier this year, a federal judge in the Northern District of California ordered Elizabeth Holmes (“Holmes”), the founder and former CEO of now-defunct Theranos, Inc. (“Theranos”), to disclose communications between herself and attorneys at Boies Schiller Flexner LLP (“BSF”). Holmes […]

Law Firm Disqualification News — Palpable Parental Puzzle & Potential Pyramid, Privilege Preserved

Posted Posted in Risk Update

“‘Palpable and Significant Risk’: Law Firm Disqualified From Federal Suit” — “U.S. Magistrate Judge James Wicks of the Eastern District of New York on Wednesday took the unusual step of granting a motion to disqualify counsel in a case seeking damages from Nassau County and several law enforcement officers in a wrongful conviction case.” “Wicks […]

The Disqualification and The Dispute — Follow that (Privileged?) Email…

Posted Posted in Risk Update

“Gibson Dunn disqualification over privileged email could be headache for Calif. lawyers” — “On Tuesday, a divided California state appeals court refused to reverse a trial court decision to disqualify Gibson Dunn & Crutcher from defending McDermott Will & Emery in a malpractice suit brought by the patriarch of a family investment business. Gibson Dunn’s […]