Friday, November 19, 2010

Friday Risk Round Up...

Several risk links and updates:
  • Considering Conflicts -- An interesting story concerning the how judgment comes into play in evaluating conflicts. In the case of a lateral associate joining a new firm, a conflicts check: "identified the potential conflict, but concluded that the associate’s prior work was not the same or substantially related to the specific patents and issues involved in the Sunbeam litigation." Unfortunately, in the case of the Magic Bullet® patent infringement litigation, a judge disagreement.
  • ABA Looking at Implications of New Technology -- [via PinHawk Technology Newsletter] -- "The American Bar Association is soliciting comments from the public on the impact of technology on the practice of law. Specifically, they are investigating the ethical risks of email, cloud computing and social media. State bar associations are likely to follow the ABA's lead on these issues, so the impact will last for years." More detail at Law Technology News, and, of course, our summaries of October testimony before the committee [part 1, part 2].
  • Canadian Conflicts Concerns -- [via Legal Ethics Forum] -- A summary of "a lively well fought and provocative debate about the hottest current issue in professional ethics in Canada, the issue of Conflicts of Interest." Interesting discussion about recent history and evolving opinions on an important issue.
  • Weil Gotshal Denies Claim of Conflict Representing Blockbuster -- "Lyme Regis Partners LLC, an investor in Blockbuster’s 9 percent senior notes, objected to Blockbuster’s hiring the law firm, saying its relationships with movie studios mean it isn’t “disinterested” as the law requires. That claim is unfounded, the law firm said yesterday in a filing in U.S. Bankruptcy Court in New York." 43EV8Q5Q4KHT

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