Conflicts of Interest

Florida Business Litigation Update: Florida Appeals Court Requires Insurer to Provide Separate Counsel for Multiple Insureds Under...

by Fuerst Ittleman David & Joseph, PL on 5/24/2013

In Univ. of Miami v. Great Am. Assur. Co., 38 Fla. L. Weekly D392 (Fla. 3d DCA 2013), Florida’s Third District Court of Appeals announced a ruling in a case of first impression that will have a substantial impact in Florida’s...more

Good Governance for General Counsel: What Your Board Needs to Know Now

by Ober|Kaler on 5/18/2013

A host of regulatory and finance reforms have ushered in significant changes for health care entities, and likewise, for the boards that guide them. How can general counsel broach these changes with their boards and steer...more

“We’re Considering Selling The Company – How Can A Special Committee Help?”

by Rick Gallagher, M. Todd Scott, Alex Talarides | Orrick - Securities Litigation and Regulatory... on 5/13/2013

In any change-of-control business transaction, the decision by the target company’s board of directors to approve the deal is subject to heightened scrutiny by the courts. These days, virtually every M&A deal is sure to...more

Global Connection - May 2013: Ninth Circuit Strikes Down $45 Million Class Action Settlement and Issues Warning About Use of...

by Daniel Huitink | Snell & Wilmer L.L.P. on 5/9/2013

Citing a conflict of interest between class representatives and a class, the Ninth Circuit Court of Appeals recently invalidated a $45 million class action settlement that had previously been approved by the district court....more

FPPC Continues Regulation Revision Project - Amendments Delayed Pending Other Conflict of Interest Regulation Revisions

by Grover Trask | Best Best & Krieger LLP on 5/3/2013

The Fair Political Practices Commission last week amended California Code of Regulations section 18700. This amendment restructured the conflict of interest analysis by providing definitions and consolidating the analysis...more

Affordable Care Act: Navigators Get Clarified and Standardized in CMS's Latest Proposed Rule

by Baker, Donelson, Bearman, Caldwell &... on 5/1/2013

On Friday, April 5, 2013, the Centers for Medicare & Medicaid Services (CMS) published a proposed rule (45 CFR Part 155) that clarifies and implements standards for providers of consumer-related assistance under the...more

Investigation of Merger of PROLOR Biotech and OPKO Health FAQ

by Wohl & Fruchter LLP on 4/29/2013

We are investigating the proposed merger of PROLOR Biotech, Inc. (PROLOR) (NYSE: PBTH) with OPKO Health, Inc. (OPKO). As set forth in our FAQ, our investigation concerns whether approval of the transaction was improperly...more

Norwich Order against OPP in car accident case upheld on appeal

by Alfonso Reales | Lerners LLP on 4/26/2013

On March 11, 2013, the Ontario Court of Appeal released its decision in Muller v. Bluewater Recycling. The decision under appeal had been successfully argued by Alfonso Campos Reales, personal injury lawyer from Lerners. The...more

Agencies Are Barred From Using Two Attorneys From The Same Private Law Firm Where One Acts As Advocate And One As Advisor In A...

by Jeffrey L. Massey, Laura Izon Powell, Bruce A. Scheidt, Kristianne Seargeant, David W. Tyra | Kronick, Moskovitz, Tiedemann & Girard on 4/22/2013

A police officer claimed his due process rights were violated when a partner in a law firm advocated on behalf of a department within a city at a non-binding arbitration. Subsequently a partner from the same law firm advised...more

California District Court Rejects Proposed Class Action Settlement

by Greg Mersol | BakerHostetler on 4/15/2013

It is axiomatic that the class action vehicle exists for the benefit of the claimants. An inherent conflict of interest may arise between the class and plaintiffs’ counsel over the issue of attorney fees, and resolution of...more

Best Practices In Structuring Co-Investments

by Catherine Christopher, Julia Corelli | Pepper Hamilton LLP on 4/2/2013

Originally Published in The Legal Special 2013 - A Private Equity International Supplement on April 1, 2013. Interest in co-investment rights has spiked recently as institutional and other fund investors have sought to...more

Retaliation and Whistleblower Claims by In-House Counsel

by Jeanne Barber, Edward Ellis, Linda Jackson, Earl (Chip) M. Jones III, Gregory Keating, Allan King, Patricia Martin, Amy Mendenhall, Roberta Ruiz | Littler on 4/1/2013

In This Issue: - Whistleblower protections and in-House Counsel - Sarbanes-oxley - The Dodd-Frank Act - The False Claims Act - Common Law Wrongful Discharge Claims - The Ethical...more

Maximizing Legal Protections for Directors of Nonprofit Corporations: A Timely Topic in Today’s Dangerous World

by Thomas Reiter, Susan Mussman Schwartz | K&L Gates LLP on 4/1/2013

Much like their counterparts on the boards of public companies, board members of many nonprofit corporations increasingly, and quite understandably, are raising questions concerning their potential personal liability and the...more

Nonprofit “To Do List” for 2013

by Kimberly McCarthy | Partridge Snow & Hahn LLP on 3/29/2013

Whether you run a nonprofit or serve on the board, you have a responsibility to make sure your organization is both in compliance and in shape to weather any storm or to take advantage of growth opportunities. But with...more

Jams Dispute Resolution -- Spring 2013

by JAMS, The Resolution Experts on 3/26/2013

In This Issue: Curbing the Bullying Epidemic with Mediation; ADR News & Case Updates; DOMESTIC FOCUS - How ADR Can Stem the “Trademarklawpocalypse”; GOOD WORKS - JAMS Foundation Extends Its International Mission — In...more

A Breach Of A Fiduciary Duty Claim May Be Waived

by Schecter Law on 3/25/2013

A dispute arose between Band and Libby regarding the development and construction of a luxury condominium. Band, the managing general partner of the development and an attorney, contacted Libby to invite him to become an...more

Patton Boggs Reinsurance Newsletter - March 2013: A Brief Review of Reinsurance Trends in 2012: Disqualification of Counsel

by Patton Boggs LLP on 3/22/2013

As we observed in last year's reinsurance review, 2011 was marked by a notable amount of litigation over the disqualification of counsel. At that time, it appeared that disqualification of counsel was one of the few areas of...more

Orrick's Financial Industry Week in Review - March 18, 2013

by Orrick, Herrington & Sutcliffe LLP on 3/19/2013

In This Issue: *Financial Industry Developments - CFTC Announces the Start of Mandatory Clearing - CFTC Reminds Market Participants of Swap Data Reporting Requirements - Rating Agency Developments...more

SEC Issues Risk Alert on Custody Rule, Reinforcing Its Message to Registered Investment Advisers in Its Examination Priorities for...

by Beth Kramer, Paulo Marnoto | K&L Gates LLP on 3/18/2013

On March 4, 2013, the SEC’s Office of Compliance Inspections and Examinations (“OCIE”) issued a Risk Alert identifying “significant deficiencies” by registered investment advisers in compliance with Rule 206(4)-2 under the...more

2013 Examination Priorities of the U.S. SEC’s Office of Compliance Inspections and Examinations

by James E.B. Bobseine, Jack Murphy, Michael L. Sherman | Dechert LLP on 3/14/2013

The Office of Compliance Inspections and Examinations (“OCIE”) of the Securities Exchange Commission (“SEC”) on February 21, 2013 announced its examination priorities for this year. These highlight market-wide issues such as...more

Florida Appellate Court Finds that an Additional Insured is Entitled to the Appointment of Separate and Independent Defense...

by Kellyn Muller | Cozen O'Connor on 3/12/2013

On February 20, 2013, in a matter of first impression in the state of Florida, the Third District Court of Appeal ruled 2-1 that an additional insured was entitled to the appointment of separate and independent defense...more

OIG Report Critical of P&T Committee Oversight

by Theresa C. Carnegie, Ellyn L. Sternfield | Mintz Levin - Health Law on 3/12/2013

In a newly issued Report, the OIG has expressed concern regarding CMS’s lack of oversight of P&T Committee conflicts of interest. As the entities responsible for making Medicare Part D formulary decisions, P&T Committees...more

Patton Boggs Reinsurance Newsletter- March 2013: Wisconsin Federal Court Remands Arbitration Counsel Disqualification Action to...

by Patton Boggs LLP on 3/11/2013

The popularity of attorney disqualification applications in reinsurance disputes continues with this dispute venued in Wisconsin. Several reinsurance contracts were entered into, all of which had arbitration provisions. The...more

How Much Would You Charge For A Rule 144 Opinion?

by Keith Paul Bishop | Allen Matkins Leck Gamble Mallory & Natsis... on 3/8/2013

Yesterday, the Securities and Exchange Commission announced that it had filed a civil complaint against a California lawyer for “churning out baseless legal opinion letters for penny stocks through his website without...more

SEC Announces 2013 Examination Priorities

by Holland & Knight LLP on 3/7/2013

On February 21, 2013, the National Examination Program in the SEC's Office of Compliance Inspections and Examinations released its examination priorities for 2013 for investors and registrants. The priorities focus on areas...more

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