Monday, April 29, 2013

Clearing Conflicts & Disqualification Disputes

New updates and articles to share. First: "Fourth Circuit says no conflict of interest in law firm’s appointment" --
  • "A federal appeals court has found no conflict of interest in a bankruptcy trustee’s appointment of a law firm that represented another party in a separate debt collection action against one of the bankrupt partnership at issue’s general partners."
  • "On July 6, 2010, the bankruptcy court approved the trustee’s employment of his law firm – McNeer, Highland, McMunn and Varner – as special counsel. The law firm had also been representing Wells Fargo Bank in an unrelated action to collect an outstanding debt of $208,000 from Rahmi."
  • "On April 1, 2011, Rahmi filed a Motion to Remove Trustee for Conflict of Interest based on the law firm’s involvement in both actions concerning him. The bankruptcy court denied the motion and Rahmi initially appealed to the district court, but then voluntarily dismissed the appeal."
And continuing developments following the disqualification in the matter of 3M and the state of Minnesota (covered previously). Bloomberg law reports:
  • "But the issue is not yet settled: 'Covington & Burling LLP sought to overturn a judge's ruling disqualifying the firm from working for Minnesota on a lawsuit alleging 3M Co. polluted state waters.'"
  • "'Disqualification of Covington would be a devastating and quite possible fatal blow to the state’s case,' Minnesota’s lawyers wrote in court filings."
  • "The appeals panel included judges Randolph Peterson, Edward Cleary and John Smith, according to Lissa Finne, a spokeswoman for the court. The court has 90 days to issue an opinion."
Continuing the theme of local media picking up coverage of these issues, see the Star Tribune's coverage as well: "3M, Minnesota spar over ousted law firm."

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