Tuesday, September 16, 2014

Conflicts Allegations & Disqualification Attempts

"Drugmakers Seek to Disqualify Counsel in Opioid Lawsuit" --
  • "Purdue Pharma L.P. and two affiliated companies are seeking to disqualify a former District of Columbia attorney general from representing the city of Chicago in its lawsuit against several drugmakers for allegedly seeking to misinform the public about the risks and benefits of opium-like pain medications."
  • "According to Purdue, attorney Linda Singer and her law firm law firm Cohen Milstein Sellers & Toll should be disqualified because Singer served as attorney general between Jan. 2, 2007, and Jan. 5, 2008. The District and 26 other jurisdictions reached a $19.5 million settlement with Purdue over the marketing of OxyContin on May 8, 2007, the drugmakers said."
  • "Singer personally and substantially participated in the older lawsuit by approving the consent judgment, the defendants argued. She was briefed on the settlement more than a month before any court filings were made; edited the proposed press release about the consent judgment; and lobbied to increase the statutory caps on D.C.’s consumer protection fund to accommodate the $950,000 the District recovered in the lawsuit, the pharmaceutical companies said."
  • "Singer also has entered a contingent-fee agreement with Santa Clara and Orange counties in California to pursue a similar lawsuit.
 Patrick Fitzgerald and R. Ryan Stoll of Skadden, Arps, Slate Meagher & Flom in Chicago filed Purdue’s motion."
[Updated: See this story, which include the firm's response to the disqualification motion.]

"Blackstone's law firm worked with Michael O'Flynn: Arthur Cox has advised Nama and the State" --
  • "Michael O'Flynn's legal showdown with US buyout fund Blackstone over its attempt to gain control of the O'Flynn Construction Group brought him face to face with a former adviser - law firm Arthur Cox. The Magic Circle solicitor firm, which represented Blackstone subsidiary Carbon Finance in the High Court case, had worked for Mr O'Flynn in the past. They had acted for one of his companies in a judicial review as recently as June of this year."
  • "When contacted for comment, Mr O'Flynn said: 'It's disappointing when a professional firm acts against you so recently after acting on your behalf, particularly given the nature of this case.'"
  • "The law firm's decision to represent Blackstone in its vicious legal dispute with Mr O'Flynn, designed to oust him as a director and wrest control of his construction group, has severed those ties. A further personal relationship between Arthur Cox and Mr O'Flynn existed beyond a lawyer-client relationship."
  • "Arthur Cox has previously denied suggestions that it faced potential conflicts of interests, having acted for the banks, developers and other state bodies in major cases. It has provided advice to the Government and state bodies, including Nama and the Department of Finance..."

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