News & Analysis as of

Waivers Conflicts of Interest

Morrison & Foerster LLP - Government...

August 2023 Bid Protest Roundup: Former Government Employees; Buy American Act Waivers

This month’s bid protest roundup looks at two GAO protests from August. One examines the risks of using former federal employees to assist with proposal development when their prior access to non-public information might...more

Jackson Walker

SEC Adopts Sweeping New Private Fund Adviser Rules

Jackson Walker on

On August 23, 2023, the U.S. Securities and Exchange Commission (“SEC”), by a party-line vote of 3-2, adopted new rules applicable to investment advisers to private funds (“Private Fund Advisers”) that address transparency,...more

Skadden, Arps, Slate, Meagher & Flom LLP

Investment Management Update - September 2019

In this issue, we summarize regulatory, litigation and industry developments from May to September 2019 impacting the investment management sector, including SEC action on standards of conduct for broker-dealers and...more

Holland & Knight LLP

2 Clients Seeking Damages from 1 Pool of Money Equals 1 Disqualified Attorney

Holland & Knight LLP on

• In Bridgepoint Construction Services, Inc. v. Newton, et al., the California Court of Appeal recently affirmed a trial court's decision to disqualify an attorney from representing multiple clients who all sought damages...more

Goulston & Storrs PC

Professional Liability Alert: California Supreme Court Decides that Ethical Violation Does Not Necessarily Result in Forfeiture of...

Goulston & Storrs PC on

In Sheppard Mullin Richter & Hampton, LLP v. J-M Manufacturing Company, Inc., No. S232946, August 30, 2018, the California Supreme Court found that Sheppard Mullin’s failure to disclose a known conflict with another current...more

Holland & Knight LLP

Calif. Supreme Court Breaks New Ground on Arbitrability, Future Waivers and Quantum Meruit

Holland & Knight LLP on

• In Sheppard, Mullin, Richter & Hampton, LLP v. J-M Manufacturing Company, Inc., the Supreme Court of California held that an attorney-client engagement agreement that is arguably tainted by an unwaived or inadequately...more

Goulston & Storrs PC

S.D.N.Y. Bankruptcy Court Declines to Enforce Advance Conflict Waiver Against Winston & Strawn Client, Netflix

Goulston & Storrs PC on

Although the legal community eagerly awaits the California Supreme Court’s decision on advance waivers in Sheppard, Mullin, Richter & Hampton v. J-M Mfg. (Cal. No. S232946), a recent decision in the Bankruptcy Court for the...more

Bradley Arant Boult Cummings LLP

GAO Clarifies Rules For Conflict Of Interest Waiver Protests

The U.S. Government Accountability Office recently issued a decision in which it clarified the rules regarding bid protests that challenge an agency’s organizational conflict of interest waiver. As discussed below, the GAO’s...more

Hinshaw & Culbertson LLP

The Lawyers' Lawyer Newsletter - Recent Developments in Risk Management - February 2017

Joint Representation — Conflicts of Interest — Waiver - Foltz v. Columbia Casualty Company, 2016 WL 4734687 (W.D. Ok. 2016) - Risk Management Issue: Can client A's waiver, given with informed consent, permitting...more

McCarter & English, LLP

Delaware Law Updates – Pleading Breach of the Implied Covenant of Good Faith and Fair Dealing in the Publicly Traded Master...

In Dieckman v. Regency GP LP, --- A.3d ---, 2017 WL 243361 (Del. Jan. 20, 2017), the Delaware Supreme Court reversed the Court of Chancery[1] and held that the common unitholder plaintiff’s complaint properly stated a claim...more

Pierce Atwood LLP

Alternative Duties for Alternative Entities: High Court Allows LLC and LLP Managers to Limit or Waive Fiduciary Duties

Pierce Atwood LLP on

The nation’s leading forum for business and shareholder disputes recently confirmed that alternative entities such as limited liability companies (LLCs), limited partnerships (LPs) and master limited partnerships (MLPs) can...more

Morrison & Foerster LLP

Elevating Form Over Substance: OCI Waiver Challenges at GAO

The Government Accountability Office (GAO) has exhibited little interest in evaluating the basis for agency decisions to waive organizational conflicts of interest (OCI). Where protesters have challenged agency waiver...more

Hinshaw & Culbertson LLP

The Lawyers' Lawyer Newsletter - Recent Developments in Risk Management - June 2016

Disqualification — Substantially Related Matters — Waiver of Conflict by Lack of Diligence in Seeking Disqualification - State of Minnesota, et al v. 3M Company, Hennepin County (Minn.), Court File No. 27-CV-10-28862...more

Haight Brown & Bonesteel LLP

Advance Conflict Waivers Ineffective Where Subsequent Events Giving Rise To Conflict Not Disclosed, Thus Precluding “Informed...

In Sheppard, Mullin, Richter & Hampton, LLP v. J-M Manufacturing Co., Inc. (January 29, 2016 - No B256314), Division Four of the Second Appellate District rejected an advance waiver of conflicts included in a law firm’s...more

Winstead PC

Court Affirmed Summary Judgment For Defendant/Attorney Regarding A Breach Of Fiduciary Duty Claim Arising From A Conflict of...

Winstead PC on

In Macias v. Gomez, a client sued his attorney for breach of fiduciary duty arising from the attorney’s trust later suing the client. No. 13-14-00017-CV, 2015 Tex. App. LEXIS 12967 (Tex. App.—Corpus Christi December 29, 2015,...more

Manatt, Phelps & Phillips, LLP

Manatt on Health Reform: Weekly Highlights - December 2015 #2

A flurry of support for Medicaid expansion this week…with Virginia hospitals backing a provider assessment, Wyoming's Governor putting forth a budget initiative, and Arkansas announcing plans to extend its waiver. Meanwhile,...more

Neal, Gerber & Eisenberg LLP

"Non-Trivial Probability" of Excess Judgment Obligates Insurer to Pay for Independent Defense Counsel

The court in Perma-Pipe, Inc. v. Liberty Surplus Insurance Corporation, Case No. 13 C 2989, 2014 U.S. Dist. LEXIS 54867 (N.D. Ill. April 21, 2014), held that a CGL insurer breached its duty to defend by refusing to pay for...more

17 Results
 / 
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide