Wednesday, August 9, 2017

Conflicts & Duties (Bridgegate, Burners & "Friends")

"GWB Figure Must Address Jones Day Conflict, 3rd Circ. Says" --
  • "The Third Circuit on Friday ordered a former public official convicted in the George Washington Bridge lane-closing scandal to appear before a district court and address any potential or actual conflict of interest with Jones Day attorneys representing her as appellate counsel in light of the firm's representation of the Port Authority of New York and New Jersey in related matters."
  • "In a one-page order issued without explanation, a circuit panel granted the government's motion for a limited remand to New Jersey federal court to determine whether Bridget Anne Kelly has knowingly and voluntarily waived any such conflict that Jones Day might have by representing both her and an agency identified as a victim in the case."
  • "Prosecutors are seeking an “on the record” waiver to ensure that Kelly cannot later complain on appeal that she did not receive effective assistance of counsel, court documents state."
  • "Kelly, a former deputy chief of staff to New Jersey Gov. Chris Christie, and William E. Baroni Jr., former deputy executive director of the Port Authority, were found guilty at a trial in November of conspiracy and related charges that they misused the resources of the Port Authority, committed wire fraud and deprived Fort Lee, New Jersey, residents of their civil rights to travel freely."
  • "'A law firm that simultaneously represents a victim of an offense and a person who committed that offense has at least a potential conflict of interest, if not an actual one,' the government said in its brief. Referring to the proposed class action, Kelly's lawyers responded Wednesday in their brief, 'Jones Day does not represent Ms. Kelly in the civil suit, and she and the Port Authority are not adverse to one another in that matter.'"
"Lawyers must take reasonable steps to protect client info in US border searches, ethics opinion says" --
  • "Lawyers should take reasonable measures to avoid disclosure of client data in the event U.S. border agents search electronic devices, according to an ethics opinion by the New York City Bar. And if confidential or privileged material is disclosed, lawyers will have to notify affected clients."
  • "The reasonable precautions that should be taken in advance will vary based on factors such as the sensitivity of the information, the likelihood of disclosure, and the cost and difficulty of implementing safeguards, the July 25 opinion says. At the border, lawyers should take reasonable measures when an agent seeks to search a device with confidential information, including making an attempt to dissuade the agent, the opinion says."
  • "The simplest precaution is not to carry any confidential information across the border, the opinion says. Other options might include carrying a blank 'burner' phone [ed: What is this, The Wire??] or laptop computer, securely removing confidential information from devices, signing out of cloud-based services, uninstalling applications allowing remote access to confidential information, storing confidential information in secure online locations rather than locally on devices, and using encrypted software."
"Appeals court considers removal of judge who is Facebook friends with lawyer" --

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