Search for: "MATTER OF RULES ON DISQUALIFICATION"
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24 Jan 2022, 8:16 am
“COA reverses disqualification of Fishers attorney representing ex-wife in child support matter” — “An Indiana attorney who was disqualified from representing his ex-wife in her post-dissolution matter from a previous marriage was not prevented from doing so a second time because the basis for his first disqualification no longer existed, the Court of Appeals of Indiana has ruled. [read post]
18 Jan 2022, 8:01 am
” “The dispute centers on the meaning of the word ‘participation’ in New Jersey’s Rule of Professional Conduct 1.12(b). [read post]
13 Jan 2022, 8:04 am
But, in the face of claims that Law Firm had represented H&H in other matters, the Appellate Division remanded the case for findings on those claims. [read post]
5 Jan 2022, 8:09 am
The trial judge ruled for H&H, finding the two matters substantially related. [read post]
3 Jan 2022, 6:39 pm
From U.S. [read post]
27 Dec 2021, 8:19 am
It notes exceptions for circumstances when a lawyer is screened from participation with the potentially conflicting matter and the lawyer gives notice to the former client. [read post]
2 Dec 2021, 10:45 am
” “The city sees the latter argument as insufficient in part because of an ABA rule, which says that a conflict stays with the firm, even if attorneys who worked on the conflicted matter(s) leave the firm. [read post]
19 Nov 2021, 8:21 am
In particular, the rules of imputed disqualification should be studied with care. [read post]
13 Nov 2021, 5:55 am
" … The reticence of federal courts to intrude on state election matters is well established. [read post]
11 Nov 2021, 8:08 am
Ethics rules governing candor and frivolous litigation require sanctions, if not disbarment. [read post]
10 Nov 2021, 8:12 am
Unfortunately, if the unintended consequence turns out to be a network security breach, which is the greatest concern, their reasoning matters not. [read post]
8 Nov 2021, 11:44 am
The forms of elections, the rules for candidate and voter qualification, and ballot access rules are commonly matters for democratic decision. [read post]
8 Nov 2021, 8:11 am
.'” “A DOJ lawyer, Brian Stoltz, argued that ethics rules meant to prevent ‘side switching’ barred Hamilton from representing Texas in the lawsuit, which focuses on a federal immigration rule enacted during the COVID-19 pandemic. [read post]
3 Nov 2021, 8:01 am
Tenant moved to disqualify Landlord’s law firm (“Law Firm”) because Law Firm had for many years represented Tenant on other matters. [read post]
25 Oct 2021, 12:16 pm
" Noting that the Employer's determination was supported by documentary evidence of Petitioner's misconduct and history of tardiness, the Appellate Division, citing Matter of Adelana v New York City Dept. of Educ., 194 AD3d 463, said that there was nothing in the record to support Petitioner's argument that the Employer made its determination in bad faith. [read post]
25 Oct 2021, 12:16 pm
" Noting that the Employer's determination was supported by documentary evidence of Petitioner's misconduct and history of tardiness, the Appellate Division, citing Matter of Adelana v New York City Dept. of Educ., 194 AD3d 463, said that there was nothing in the record to support Petitioner's argument that the Employer made its determination in bad faith. [read post]
19 Oct 2021, 10:10 am
HHS OIG’s construction of these Conditions of Participation as including cybersecurity and cyberbreach compliance signs that Medical Participating Providers with deficient cybersecurity practices now may risk program disqualification and False Claims Act liability along with their already well-known exposure to civil monetary penalties under the Health Insurance Portability & Accountability Act (“HIPAA”) protected health information privacy, security and data… [read post]
11 Oct 2021, 8:08 am
Co., the California Court of Appeals observed that when a tainted non-attorney employee of a law firm, possessing confidential case information, moves to an opposing law firm, vicarious disqualification of the opposing law firm is not necessary if the employee is effectively screened… Kirk further applied the same rule to a non-retained expert, which is another area that can give rise to potential conflicts but often is overlooked. [read post]
30 Sep 2021, 11:56 am
The Kentucky Supreme Court reversed a disqualification of defense counsel in medical malpractice matters, holding that opposing parties (as here) have no standing to seek disqualification Consistent with these authorities, and our reading of the pertinent Rules of Professional Conduct,... [read post]
29 Sep 2021, 8:11 am
Rule 1.13 (apparently the same as Model Rule 1.13 and its Comment 14). [read post]
