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LegalMation

Should Attorney Conflict of Interest Rules Apply to Litigation Service Providers and LegalTech Companies, Too?

LegalMation on

This article addresses conflict-of-interest rules and recommendations that guide attorneys, and whether those principles should also apply to certain types of service providers, including legal software-as-a-service...more

Hinshaw & Culbertson - Lawyers' Lawyer...

Law Firm Best Practices to Mitigate the Increasing Risk of Attorney Disqualification Motions

It seems as though every day, there is a story in the legal news about a well-known law firm facing a disqualification motion. While disqualification motions are being filed more frequently, that is only half the story. Such...more

Maynard Nexsen

Civility in Litigation and Navigating Difficult Opposing Counsel

Maynard Nexsen on

You may not have heard the phrase before, but most likely you have encountered a “litigation terrorist” – an attorney who deliberately creates chaos in litigation. This is a growing trend in litigation and can manifest...more

Conn Kavanaugh

The Hazards of Informal Advice: Friends, Family, and Holiday Parties

Conn Kavanaugh on

There is a well-worn joke about a lawyer who runs into an old acquaintance on the street. “I’m so glad to see you!” the friend exclaims. “I’m in terrible trouble—can I ask you a couple of questions?” “Of course,” replies the...more

Smith Anderson

Lawyers May Simultaneously Represent a Corporation and Its Directors Against Derivative Claims That Do Not Allege “Serious...

Smith Anderson on

In a case of first impression in North Carolina, a judge for the North Carolina Business Court was recently asked to decide whether a single law firm may simultaneously represent both a corporation and its individual...more

Hinshaw & Culbertson - Lawyers for the...

The California Lawyers Association Ethics Committee Provides Guidance on the Elements of Effective Ethical Screens

On February 11, 2021, the California Lawyers Association Ethics Committee (the Committee) issued Formal Opinion 2021-1, which identified the "Elements of Effective Ethical Screens" that comply with the California Rules of...more

Hinshaw & Culbertson - Lawyers' Lawyer...

Lawyers' Lawyer Newsletter – Recent Developments in Risk Management

In this edition of the Lawyers' Lawyer Newsletter we cover the following: - When Do an Attorney's Personal Relationships Create a Conflict Requiring Disclosure to the Client and Informed Consent? - May a Lawyer...more

Conn Kavanaugh

Massachusetts Proposes Amendments to Rules of Professional Conduct

Conn Kavanaugh on

The Supreme Judicial Court Standing Advisory Committee on the Rules of Professional Conduct has solicited comments on proposed amendments to the Rules that will have a broad impact on lawyers’ ethical obligations. The...more

Freeman Law

What are Common Ethical Issues in Tax Practice?

Freeman Law on

The nature of tax practice presents a number of unique ethical issues. Tax practice requires compliance with multiple ethical frameworks. This creates ambiguities and raises complex questions. Courts have even questioned...more

Vedder Price

OCIE Issues Risk Alert Relating to Investment Adviser Oversight of Supervised Persons with Disciplinary Histories

Vedder Price on

On July 23, 2019, the SEC’s Office of Compliance Inspections and Examinations (OCIE) issued a risk alert outlining its observations and recommendations following an examination initiative that focused on oversight practices...more

Esquire Deposition Solutions, LLC

Appearance of Impropriety Isn’t Sufficient for Disqualifying Counsel

After coming under scrutiny by North Carolina Supreme Court officials, appearance-of-impropriety standards are no longer sufficient in determining when former clients may or may not disqualify counsel. As of last April,...more

Mintz - Arbitration, Mediation, ADR...

Are Third-Party Funding Costs Recoverable in Arbitration?

Third-party litigation and arbitration funding is increasingly being utilized in the United States. Are the corresponding financing costs recoverable in arbitrations? According to the N.Y. Times, dispute resolution funding...more

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