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The Motion to Disqualify: A Recurring Theme in the Modern Law Firm
High-stakes disputes often generate hardball tactics by the parties and their attorneys. Even before the lawsuit is filed, attorneys are claiming conflicts of interest, on the part of opposing counsel, with increasing regularity and fervor. As law firms grow, clients merge or divest divisions, and attorney departures and arrivals become more common, conflicts of interest ' and the possibility for disqualification motions ' become a larger problem for law firms. Do such motions present a legitimate complaint mechanism for wronged clients, or simply one more arrow in the quiver of the scorched earth litigator? Regardless of what you think is the correct answer to the preceding question, disqualification motions and threats are unquestionably something that modern law firms are forced to address with increasing frequency.
In this article, I identify several of the more typical scenarios that give rise to disqualification motions. I then discuss systemic steps that law firms should consider implementing in order to manage the risk of such motions. In that regard, the three most important things for law firms to remember are: 1) to have a centralized ethics function overseen by an experienced ethics partner, coupled with a sophisticated computer database, to manage the process; 2) to train lawyers and other personnel to recognize the issues and problems that can result when conflicts of interest arise in the litigation context; and 3) to develop a culture where law firm personnel report issues and problems at the earliest moment so that corrective action (such as firewalls) can be implemented before it is too late.
The 'Corporate Reorganization' Conflict of Interest
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Major Differences In UK, U.S. Copyright Laws
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
The Article 8 Opt In
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
Strategy vs. Tactics: Two Sides of a Difficult Coin
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Legal Possession: What Does It Mean?
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The Anti-Assignment Override Provisions
UCC Sections 9406(d) and 9408(a) are one of the most powerful, yet least understood, sections of the Uniform Commercial Code. On their face, they appear to override anti-assignment provisions in agreements that would limit the grant of a security interest. But do these sections really work?