News & Analysis as of

Disqualification

Directors disqualified for breach of competition law

by Hogan Lovells on

For only the second time in its history, the Competition and Markets Authority (CMA) has secured the disqualification of directors whose companies have infringed competition law. ...more

Strike Your Judge

The peremptory strike is a well-established tool for addressing bias within a future jury. While the strike has its critics, the case is strong for having a method to address bias that is real but falls below the threshold of...more

Another Stern Reminder re: Judiciary Law § 470 is Alive and Well

by Farrell Fritz, P.C. on

Frequent readers of this blog may recall my post from the end of last year in which I highlighted a decision of the Appellate Division, First Department affirming a decision of New York County Commercial Division Justice...more

Appellate Court Endorses Discretionary Test for Vicarious Disqualification of Law Firms Due To New Attorney’s Conflict

In California Self-Insurer’s Security Fund et al. v. The Superior Court of Orange County (1/26/2018 – No. G054981), the Fourth Appellate District considered whether vicarious disqualification of a law firm is mandatory or...more

Disqualification Not Mandatory when an Attorney Switches Sides in a Pending Case but Stays at the New Law Firm Only for a Brief...

by Hinshaw & Culbertson LLP on

California Self-Insurers' Security Fund v. The Superior Court of Orange County, Activcare Living, Real Parties in Interest, California Court of Appeals Fourth Appellate District, Division Three, Case Number G054981...more

Dispute Evolution: A bona fide dispute regarding claim amount may disqualify creditor from maintaining an involuntary case.

Section 303(b)(1) of the Bankruptcy Code generally requires three petitioning creditors to join an involuntary petition, each of which must hold claims against the debtor that are not contingent as to liability and are not...more

Attorneys Switching Sides During Litigation Sometimes Allowed… at least in the First Department!

by Farrell Fritz, P.C. on

Notwithstanding general public opinion of attorney ethics, most people (including attorneys) believe that an attorney cannot dump a client in the middle of litigation to represent the other side. However, attorneys in the...more

No TKO: California Judge Refuses to Disqualify Counsel from Patent Litigation

Last week, a federal judge in California denied the plaintiff’s motions to disqualify the defendant’s counsel, finding that the firm’s former representation of the plaintiff was not sufficiently recent, substantial, or...more

Australia's Banking Executive Accountability Regime: A Dangerous Bill

by Jones Day on

The Situation: On 22 September 2017, the Australian Government released a draft bill for the introduction of a Banking Executive Accountability Regime ("Proposed BEAR") allowing only five working days for submissions....more

Panel Creates Split in Appellate Division over 2015 Amendment to New Jersey’s Unemployment Compensation Law

by Blank Rome LLP on

A New Jersey Appellate Division panel—in Blake v. Board of Review, Dep’t of Labor, No. A-2940-15T3—held that a 2015 amendment to New Jersey’s Unemployment Compensation Law (“UCL”) does not authorize unemployment benefits to...more

Disqualification Not Warranted Where Attorney Was Involved in Prior Real Estate Transaction Between Two Parties That Resulted in a...

by Hinshaw & Culbertson LLP on

Lynn v. George (2017) 2017 Cal. App. LEXIS 817 - Brief Summary - The California Court of Appeal for the Fourth District held in an action arising from an alleged partnership for buying and selling real property that...more

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

by Hinshaw & Culbertson LLP on

Conflict of Interest – Current Clients – Duty of Care with Respect to Unrelated Matters - Oakland Police & Fire Retirement System, et al. v. Mayer Brown, LLP, 861 F.3d 644 (7th Cir. 2017) - Risk Management Issue: Does a...more

Congresswoman Waters Introduces Bad Actor Disqualification Act

On July 27, 2017, Ranking Member of the House Committee on Financial Services, Congresswoman Maxine Waters, introduced the Bad Actor Disqualification Act of 2017. This draft legislation directs the SEC to implement more...more

Eastern District of California Adopts Broad Approach to Screening

by Holland & Knight LLP on

In deciding a disqualification motion based on a conflict of interest resulting from a lateral hire, the U.S. District Court for the Eastern District of California recently adopted a screening-friendly approach in National...more

Reading Inadvertently Disclosed Privileged Documents Risks Disqualification

by McGuireWoods LLP on

Nearly every case focusing on inadvertently disclosed privileged communications (during document productions or at other times) focuses on the privilege waiver implications. However, the stakes can be much higher....more

Germany: News on Disqualification Periods Following Termination Agreements

by Littler on

In Germany, employees frequently refuse to sign separation agreements for fear that the Employment Agency (Agentur für Arbeit) will disqualify them from receiving unemployment benefits. A revision of the Employment Agency's...more

Putting Information on File Share Site without Protection Waives Privilege, Court Rules: eDiscovery Case Law

by CloudNine on

In Harleysville Insurance Co. v. Holding Funeral Home, Inc., No. 1:15cv00057 (W.D. Va. Feb. 9, 2017), Virginia Magistrate Judge Pamela Meade Sargent ruled that the plaintiff’s placement of privileged information on a file...more

Company Directors Beware – the CMA’s Disqualification Order

Today, the UK Competition and Markets Authority (CMA) published a 60-second summary for company directors to avoid disqualification for breaches of competition law. Please see the full text of the guidance here. This is part...more

Important Hong Kong Decision Broadens Scope of Disclosure for SFC in Disqualification Proceedings

by Dorsey & Whitney LLP on

In December 2016, the High Court of Hong Kong ordered the Securities and Futures Commission (“SFC”) to disclose all relevant materials obtained in its investigations to respondents in disqualification proceedings. The Court...more

Commercial Division Disqualifies Attorney Acting in a Dual Role Pursuant to Advocate-Witness Rule

In a recent decision, Justice Lawrence S. Knipel in the Commercial Division ordered an attorney to comply with a non-party subpoena and disqualified the same attorney from representing her client in the action pursuant to the...more

Apocalypse Soon? Permanent Disqualification From Department of Defense Contracts May Result From Voluntary Disclosures of Export...

by McCarter & English, LLP on

Etymology, particularly the Greek or Latin roots of words, aids our understanding in much the same way as root cause analysis does. The Greek word for disclosure is ap???????, transliterated to apokálypsi, or “apocalypse.”...more

UK Competition Authority Secures Disqualification of Director for Five Years

by Reed Smith on

On 1 December 2016, the Competition and Markets Authority (CMA) announced that it had secured its first disqualification of a director of a company found to have infringed competition law. Background - Daniel...more

The CMA obtains its first disqualification undertaking from a director for competition law infringement

by Bryan Cave on

Businesses that breach competition law can face serious financial and reputational consequences. Certain serious breaches of competition law may also put individuals at risk of criminal prosecution. In addition, the CMA may...more

Director liability for competition law breaches - the CMA's first UK director disqualification

by DLA Piper on

Financial penalties being imposed on companies for breaches of competition law are well known, particularly because of the very significant amounts involved. However, fines are only one aspect. In the UK, along with lots of...more

You Said It, Now We’re Going to Hold You to It! Hospitals Estopped From Asserting Disqualification Argument.

In theory, it is not an unfair labor practice to refuse to negotiate with a union engaged in competition with the employer—unless, of course, the employer gave the union other reasons for refusing to negotiate. The...more

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