Some recent, relevant spots from Bill Freivogel: Woroch v. Northfield Trim & Door Inc., 2023 ONSC 218 (CanLII) (Super. Ct. Ont. Jan. 9, 2023). “Company is owned by Family Members. In 2012 Family Members entered into a shareholders’ agreement prepared by Lawyer while representing Company. The agreement included an employment agreement for Plaintiff (also a Family Member) to be President. The shareholders’ agreement also contained a buy/sell provision.” “In 2021 a transaction occurred under the buy/sell provision. A dispute arose between Plaintiff and Company and other Family members as to ..read more

Excellent overview and analysis from Francis G.X. Pileggi, a managing partner of the Delaware office of Lewis Brisbois Bisgaard & Smith, LLP: “Court Rejects Disqualification of Law Firm Based on Rules 1.9 and 1.10” — “The U.S. Court of Appeals for the Third Circuit recently addressed a motion to disqualify based on a partner who moved from a law firm representing one party in a bankruptcy proceeding to the firm representing the opposing party in the same case. The court applied Model Rules of Professional Conduct 1.9 and 1.10(a)(2). The attorney who made the lateral move was described in ..read more

“Mississippi Rejects Implied Attorney-Client Relationship As Basis To Disqualify” — “The Mississippi Supreme Court overturned an order disqualifying counsel in litigation” ‘This case presents an issue of first impression: whether an attorney’s representation of a general partnership creates an implied attorney-client relationship between the attorney and the individual members of the general partnership, and, if so, whether the Mississippi Rule of Professional Conduct prohibiting communication by a lawyer with an individual represented by other legal counsel was violated.’ ‘James L. Pettis ..read more

“FTX seeks to reassure court on bankruptcy lawyers’ potential conflicts” — “A U.S. judge on Friday signed off on FTX’s choice of legal advisers to navigate its bankruptcy, after the collapsed crypto exchange told the court it had reached an agreement with the U.S. Department of Justice removing one of the biggest obstacles to the law firm’s appointment.” “The U.S. Trustee, the Justice Department’s bankruptcy watchdog, and two of FTX’s creditors had objected to FTX hiring Sullivan & Cromwell, arguing the New York law firm had not disclosed sufficient information about its past ties to FTX ..read more

“Senators, States and Creditors Challenge Sullivan & Cromwell’s Lead Role in FTX Bankruptcy” — “U.S. Bankruptcy Judge John Dorsey of the District of Delaware rebuffed four U.S. senators in a Wednesday hearing regarding the senators’ unsolicited request that Dorsey appoint an independent examiner in the FTX bankruptcy, calling the ex parte communication ‘inappropriate’ and stating that it would not factor into his decisions.” “Opposing Sullivan & Cromwell’s hiring as lead bankruptcy counsel, FTX creditor Warren Winter argued in a Tuesday amended objection that the firm’s retention rep ..read more

“Implementing Law Firm Data Retention Policies Is Getting Harder” — “In recent years, firms’ ability to securely store data has turned into a multi-front battle. As many firms now face tighter budgets, coupled with bigger threats of breaches, proliferating data privacy laws and growing regulators’ scrutiny, putting in place thorough data retention policies is becoming vital.” “But while more firms are dedicating the resources needed to draft these policies, the road to actual implementation is still long way away, with experts noting that many are just beginning to embark on it.” “‘A lot of ..read more

“The SEC’s subpoena fight with Covington — a ‘perilous new course’?” — “Every law firm in the United States ought to be paying attention to the U.S. Securities and Exchange Commission’s lawsuit to force Covington & Burling to cough up the names of about 300 clients whose confidential information was exposed to hackers in a 2020 cyberattack.” “Today it’s Covington that is stuck in what the firm portrays as an ethical conundrum. Tomorrow, if you have clients and a computer network, it might well be your firm that gets hit with an SEC subpoena for information that can be used against client ..read more

“Retired solicitor agrees to quit roll over conflict of interest in defending bishop” — “A solicitor and former registrar to the Diocese of Gloucester has agreed to remove his name from the roll after he represented the then-bishop of Gloucester against indecent assault allegations.” “Christopher Peak can never apply to be readmitted to the roll after his role in helping the former Anglican bishop Peter Ball fight allegations of sexual abuse while also acting as register for the diocese.” “Peak was the registrar to the Diocese of Gloucester between January 1985 and November 2012. As part of ..read more

I’m pleased to share two new job listings from Alston & Bird. “New Business Intake Manager” — The Atlanta office of Alston & Bird is seeking a New Business Intake Manger (NBI Manager) to oversee the firm’s new business intake function on a global basis. Key Responsibilities Include: The NBI manager will oversee the New Business Intake team and set the strategic direction for the firm’s new business intake function. The NBI Manager will also oversee the implementation of standardized new business intake procedures across offices and liaise with partnership and firm leadership on clien ..read more

“You Got Our Judge Recused? Fine, We’ll Get Your Judge Recused” — “Paul Andre and Centripetal Networks Inc. got some payback last week at the Patent Trial and Appeal Board. Last year Andre and his Silicon Valley colleagues at Kramer Levin Naftalis & Frankel saw a $2.75 billion patent infringement judgment they’d won against Cisco Systems Inc. wiped out at the U.S. Court of Appeals for the Federal Circuit. U.S. District Judge Henry Morgan was disqualified because his wife held $4,687.99 worth of stock in Cisco. The case has been assigned to U.S. District Judge Elizabeth Hanes for a retria ..read more