Litigation Funding — Renewed Spotlight on Law Firm Risks, Rules and Revelations
Bressler Risk Blog
by Dan Bressler
5d ago
“Russian Use of Litigation Finance Needs Scrutiny, Treasury Says” — “The Treasury Department needs to look into the use of the litigation finance in the US by foreign actors, Deputy Secretary Wally Adeyemo said.” “His comments came after Sen. Bob Menendez (D-N.J.) asked whether he believed the lack of transparency in the litigation finance industry could create a gap in sanctions enforcement. Menendez referenced a Bloomberg Law investigation that found a firm established by Russian billionaires tied to Russian President Vladimir Putin has backed lawsuits in New York and London both before an ..read more
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Client Intake & Insurance Risk — Representation Scope Matters, OCG Indemnity Provisions Prove Painful
Bressler Risk Blog
by Dan Bressler
5d ago
“No We Didn’t Agree To Handle That Claim” — “One area that can lead to claims against lawyers occurs when the lawyer accepts one part of a representation but declines to represent the client in another matter. Any declination should be communicated clearly to the client and confirmed in writing. If you don’t do that, the client may later bring a malpractice claim against you.” “In Boukari v. Schwartzberg, LLC, 2024 NY Slip Op 01247 (March 7, 2024), the plaintiff hired the defendant firm to complete a Workers’ Compensation matter. The lawyers declined to represent the plaintiff in any persona ..read more
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BRB Risk Jobs Board — Conflicts Analyst (Quarles)
Bressler Risk Blog
by Dan Bressler
1w ago
I’m always delighted to see repeat participants on the jobs board. This week, I’m pleased to highlight a new open role at Quarles: “Conflicts Analyst” — We are seeking a Conflicts Analyst to support our Chicago, Indianapolis, Milwaukee, Naples, Tucson, Madison, Minneapolis, Phoenix, St. Louis, Tampa, or Washington D.C. office. This position is also open to remote or hybrid schedules. Responsibilities: Perform corporate research to identify corporate affiliates, principals and nature of business in order to search and identify ethical and business issues in the firm’s conflicts database. Cr ..read more
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Relationship Conflicts Concerns — CEO Former Firm Wrap Up, Estate Planning/Non-profit Conflicts Ethics, and an Interesting Referee Removal
Bressler Risk Blog
by Dan Bressler
1w ago
“JetBlue Winds Down Relationship With New CEO’s Former Law Firm” — “The longstanding association between Holland & Knight and JetBlue Airways Corp. is tapering down as Joanna Geraghty, who is married to the law firm’s current head of litigation, takes over as the airline’s new chief executive officer.” “JetBlue, which recently paid a $69 million termination fee to Spirit Airlines Inc. after a federal judge scuttled its $3.8 billion bid for the budget carrier, remains a client of Holland & Knight, but the latter is getting closer to being left at the gate.” “A source at Holland & ..read more
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Law Firm Risk Reading — Lateral In-house Counsel Conflicts, Arbitrator Conflicts Standards, Client Acceptance Concerns
Bressler Risk Blog
by Dan Bressler
1w ago
“Supreme Court to Review Standard for Showing ‘Evident Partiality’ by Arbitrators” — “Conflicts of interest are of great interest to law firms, prosecutors and arbitrators. In two major international arbitrations, parties are seeking review by the U.S. Supreme Court of the standard that courts should apply when considering whether to vacate an arbitration award based on an alleged conflict of interest. The cases are important not only because of the large size of the awards at issue, but also because arbitration is the preferred method by which the world’s commercial disputes are being resol ..read more
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Disqualification Hearing Conflicts — Talc Testimony Gets Heated
Bressler Risk Blog
by Dan Bressler
1w ago
“‘I Was Kind of Dumbfounded’: J&J Lawyers Testify in Talc Disqualification Hearing” — “A senior in-house attorney for Johnson & Johnson told a pair of judges on Monday that an alliance between a former member of his legal team and talc plaintiffs’ attorney Andy Birchfield was the ‘most egregious breach of ethical obligations I have ever heard of, ever seen.'” “At an evidentiary hearing, Erik Haas, Johnson & Johnson’s worldwide vice president of litigation, told Steve Brody, a partner at O’Melveny & Myers in Washington, D.C., that he was shocked when his former outside counsel ..read more
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Risk Q&A — When Lateral Leavers’ Departing Clients Create Conflicts Concerns
Bressler Risk Blog
by Dan Bressler
1w ago
Mark Hinderks, Stinson LLP’s legal ethics and professional responsibility practice writes: “Is It a Conflict of Interest to Be Adverse to a Former Firm Client Who Has Left With a Departing Lawyer?” — “Question: I am a lawyer with a midsized firm. With the mobility of lawyers moving laterally in recent years, it is not uncommon for a lawyer to join us as a new partner with their own set of clients whose matters they bring with them to the firm. Regrettably, we also sometimes lose partners to other firms, who then depart with some or all of the clients with whom they have built relationships ..read more
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Contentious Conflicts — Law Professors Point Fresh Fingers at Continuing Crypto Conflicts Concern, Miami Mayor Reverses “My Client” Under Oath Contention
Bressler Risk Blog
by Dan Bressler
1w ago
“Law firm conflicts ‘permeated FTX’s bankruptcy’, professors allege” — “Two law professors have claimed that Sullivan & Cromwell put its own interests before that of FTX’s stakeholders, reviving criticism over the law firm’s role in the bankrupt cryptocurrency exchange’s rise, collapse and unwinding.” “The firm’s ‘apparent conflicts of interest permeated FTX’s bankruptcy filing and every aspect of the case,’ Jonathan Lipson of Temple University and David Skeel of the University of Pennsylvania wrote in a paper published online earlier this month.” “The two academics focused on the 20 M&a ..read more
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Webinar Recording — Innovating Risk Management with Applied AI (Sponsor Spotlight)
Bressler Risk Blog
by Dan Bressler
2w ago
SPONSOR SPOTLIGHT: Intapp cloud-based risk and compliance products have included AI capabilities for many years. If you were unable to join the webinar on March 5, you can discover how Intapp compliance solutions can help you leverage recent and upcoming AI enhancements in the cloud by watching the recording here. This session covered: Key enhancements added to Intapp risk and compliance products in the past year A review of current and upcoming AI capabilities Recommendations and available resources for your journey to the cloud ..read more
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BRB Risk Jobs Board — Conflicts Attorney (Vinson & Elkins)
Bressler Risk Blog
by Dan Bressler
2w ago
In this BRB jobs update, I’m pleased to highlight an open role at Vinson & Elkins: “Conflicts Attorney” with unique listings online for their open locations: Dallas, Houston, and Austin — This position will be joining the Firm’s growing Conflicts Department, and primarily responsible for analyzing, resolving, and documenting conflicts of interest issues, related compliance issues, and conducting new client background research. Primary Duties and Responsibilities:  Create and analyze conflicts reports and identify and resolve potential ethical or business conflicts issues relating ..read more
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