Sentences with phrase «counsel in a a conflict of interest»

She held that allowing defence counsel to attend at a first stage hearing under a confidentiality undertaking would breach this rule and would place defence counsel in a a conflict of interest (torn between her duty to the court and client).

Not exact matches

In a statement, Cuomo's counsel said the probe has raised questions of improper lobbying and undisclosed conflicts of interest and may have defrauded the state.

«Taxpayers have already lost,» said Legislator Sheila Marcotte (R - Eastchester / New Rochelle), reacting to the need for both the Westchester County Executive and Board of Legislators to hire outside counsel because of a conflict of interest created by actions of Chairman Ken Jenkins and the Democratic County Legislators in siding with the CSEA union in its lawsuit against Westchester County.

Russ Haven, general counsel for the New York Public Interest Research Group, an Albany - based government watchdog group, said in an email Saturday that such financial disclosure gives the public useful information about candidates» work, assets and potential conflicts of iInterest Research Group, an Albany - based government watchdog group, said in an email Saturday that such financial disclosure gives the public useful information about candidates» work, assets and potential conflicts of interestinterest.

In a statement the governor's counsel says there's «reason to believe that in certain programs and regulatory approvals, they may have been defrauded by improper bidding and failures to disclose potential conflicts of interest by lobbyists and former state employees.&raquIn a statement the governor's counsel says there's «reason to believe that in certain programs and regulatory approvals, they may have been defrauded by improper bidding and failures to disclose potential conflicts of interest by lobbyists and former state employees.&raquin certain programs and regulatory approvals, they may have been defrauded by improper bidding and failures to disclose potential conflicts of interest by lobbyists and former state employees.»

The ethics bill specifically authorizes the board to retain private counsel in situations where there is a conflict of interest.

The Suffolk Board of Ethics did not investigate County Executive Steve Bellone's letter raising a conflict of interest complaint against a district attorney bureau chief because the allegations occurred before the ethics board was created in 2012, the board's counsel said.

The AG's investigation of SUNY Poly presents «a conflict of interest that can not be resolved, thus further necessitating the Agencies» need for expert outside counsel,» a Department of Environmental Conservation staffer told the comptroller's office in June 2017.

Silver's «of counsel» position at Weitz & Luxenberg, one of the biggest negligence firms in New York, has created a potential conflict of interest.

Shortly after the Daily News reported Friday that Howe, former Cuomo top aide and longtime friend Joseph Percoco, and others close to the governor were being probed by the feds, Cuomo Counsel Alfonso David issued a statement saying that the Manhattan U.S. Attorney's probe «has recently raised questions of improper lobbying and undisclosed conflicts of interest by some individuals which may have deceived state employees involved in the respective programs and may have defrauded the state.»

Shortly after the Daily News broke the news online Friday, Cuomo's counsel Alfonso David released a statement confirming that Manhattan U.S. Attorney Preet Bharara's probe into the Buffalo Billion «has recently raised questions of improper lobbying and undisclosed conflicts of interest by some individuals which may have deceived state employees involved in the respective programs and may have defrauded the state.»

The amendment's aim is to break the stranglehold on abortion counselling of certain groups which Dorries and Field say have a financial conflict of interest in advising women seeking terminations, and open up counselling to independent counsellers.

Mr. Fellows said Mr. Cosgrove had disclosed his potential conflicts of interest to three top officials in the Department of Agriculture and Markets, including the commissioner and the agency's counsel.

While NCF will always be available to provide the investor guidance and counseling on the trust deed investments, the ultimate decision is in the hands of the trust deed investor rather than a manager of a fund who might have conflicting interests in the investment decisions.

This is important because prior counsel would have been aligned with prior management (usually) and owners (more particularly) which creates a de facto and ongoing conflict in interest, both in terms of defending the status quo and management carried over, and also in managing any ongoing warranty and related issues, where the sellers are carried over management, or are significant personal shareholders in the new operation.

Do not submit any confidential information about your matter, please only provide us with the following details so that we may perform a determination of any potential conflicts of interest with counseling or representing you in your matter:

Under U.S. insurance law, settlement authority and strategy are much more concentrated in the insurer, and the insurer's role in instructing defence counsel is subject to closer scrutiny to ensure compliance with the duty to avoid conflict of interest.

CCH Conflicts of Interest Webinar on Professional Duties and Best Practices for In - House Counsel: A discussion of key case law and provincial law societies» rules on conflicts of interests, as well as special challenges and best practices for in - house counsel, co-presented by Lisa C. Fong and Kate Parisotto of Ng Ariss Fong and Madeleine Ménard of NAV Canada on November Conflicts of Interest Webinar on Professional Duties and Best Practices for In - House Counsel: A discussion of key case law and provincial law societies» rules on conflicts of interests, as well as special challenges and best practices for in - house counsel, co-presented by Lisa C. Fong and Kate Parisotto of Ng Ariss Fong and Madeleine Ménard of NAV Canada on November 21, 201In - House Counsel: A discussion of key case law and provincial law societies» rules on conflicts of interests, as well as special challenges and best practices for in - house counsel, co-presented by Lisa C. Fong and Kate Parisotto of Ng Ariss Fong and Madeleine Ménard of NAV Canada on November 21Counsel: A discussion of key case law and provincial law societies» rules on conflicts of interests, as well as special challenges and best practices for in - house counsel, co-presented by Lisa C. Fong and Kate Parisotto of Ng Ariss Fong and Madeleine Ménard of NAV Canada on November conflicts of interests, as well as special challenges and best practices for in - house counsel, co-presented by Lisa C. Fong and Kate Parisotto of Ng Ariss Fong and Madeleine Ménard of NAV Canada on November 21, 201in - house counsel, co-presented by Lisa C. Fong and Kate Parisotto of Ng Ariss Fong and Madeleine Ménard of NAV Canada on November 21counsel, co-presented by Lisa C. Fong and Kate Parisotto of Ng Ariss Fong and Madeleine Ménard of NAV Canada on November 21, 2013.

The Court of Appeal applied the test as established in its recent decision of Hoang v. Vicentini2 to determine whether there was a reasonable apprehension of conflict of interest on the part of counsel appointed by the insurer:

The Guarantee Company of North America1 is an application of the test for reasonable apprehension of a conflict of interest in the context of insurer appointed defence counsel.

By bringing the underlying application, the insurer was essentially instructing defence counsel to take steps that were in conflict with the best interests of the insured.

2009), where class representative incentive agreements creating conflicts of interests required reconsideration of fee awards to both objectors and class counsel in the BAR / BRI bar review class action case.

Relying on an earlier decision of the Court in Brockton (Municipality) v. Frank Cowan Co., Justice Laskin confirmed that where a conflict of interest arises, the insurer may be required to relinquish control of the defence and pay for independent counsel for its insured.

The Ontario Court of Appeal has again confirmed that an insurer's contractual right to control a defence must yield to the interests of its insured where its coverage position creates a reasonable apprehension that defence counsel would be in a conflict of interest.

Conflicts of Interest in the Insurer - Insured - Defense Counsel Relationship, Consumer Attorneys Association of Los Angeles — Advocate, November 2000

Thus, in cases where confidentiality is a key issue for the investigated entity, in order to establish privilege (and to make sure the investigation is made free of any conflicts of interest), it is in our view recommendable to having outside legal counsel lead the internal investigation.

The decision in Hoang v. Vicentini was the result of a chambers motion to remove counsel due to a possible conflict of interest.

At least at the point of hiring, there seems to be little interest in other skills and qualities, such as empathy, wise counsel, creativity, and conflict resolution.

Moreover, just weeks after St. Simons and RFF were decided, the ABA House of Delegates passed a resolution urging all «federal, state, tribal, territorial and local legislative, judicial and other governmental bodies» to support applying the attorney - client privilege to protect from disclosure «confidential communications between law firm personnel and their firms» designated in - house counsel made for the purpose of the rendition of professional legal services to the law firm» and to reject any claim that conflict of interest principles or the «fiduciary exception» undermine that claim of privilege.

The core challenge inherent in concurrent representation is pool counsel's use, and ability to use, information obtained in the course of representing one client for the benefit of another client while minimising the risk of conflicts of interest and preserving legal privilege.

Other concerns have kept public sector lawyers from doing very much volunteer legal work but Crown counsel in three provinces are now able to carry out pro bono work with far less exposure to legal claims and less risk of running into conflicts of interest.

He took the view - woven into your opening address - that acting for clients with opposed economic interests in a matter creates a disqualifying conflict, despite the needs and expectations of those clients and the mandate they have provided to counsel.

«We welcome the appointment of a special counsel to investigate Russia's meddling in our elections, a critically necessary step given the conflicts of interest present at the Trump administration's highest levels.»

Conflicts of interest have made headlines in Ontario recently, with some claiming that they are used as an aggressive tool to have opposing counsel removed from a case.

«In the particular circumstances of case, there is a reasonable apprehension of a conflict of interest if counsel were to act for both the insurer and the insured.»

Conflict of Interest — In December 2013, in Jordan v. State, a post-conviction relief case, our Supreme Court vacated a conviction because Jordan's trial counsel had an actual conflict of interest because he also represented a third party who was a prime suspect in the samConflict of Interest — In December 2013, in Jordan v. State, a post-conviction relief case, our Supreme Court vacated a conviction because Jordan's trial counsel had an actual conflict of interest because he also represented a third party who was a prime suspect in the samInterest — In December 2013, in Jordan v. State, a post-conviction relief case, our Supreme Court vacated a conviction because Jordan's trial counsel had an actual conflict of interest because he also represented a third party who was a prime suspect in the same crimIn December 2013, in Jordan v. State, a post-conviction relief case, our Supreme Court vacated a conviction because Jordan's trial counsel had an actual conflict of interest because he also represented a third party who was a prime suspect in the same crimin Jordan v. State, a post-conviction relief case, our Supreme Court vacated a conviction because Jordan's trial counsel had an actual conflict of interest because he also represented a third party who was a prime suspect in the samconflict of interest because he also represented a third party who was a prime suspect in the saminterest because he also represented a third party who was a prime suspect in the same crimin the same crime.

Writing in the ACC Docket, Nov. 2011 at 72, an author stresses the conflicts of interest a general counsel might have to face as she balances attorney - client privilege (in her lawyer role) against disclosure and full cooperation with government authorities (in her compliance role).

An opponent of the privilege said «that as in - house counsel you are inevitably in a state of conflicting interests.»

In addition to increases in rates charged by malpractice defense counsel and an increase in claims related to cyber events — including hacking of systems used by lawyers and law firms — the survey revealed that conflicts of interest continue to be a common cause of or factor in malpractice claimIn addition to increases in rates charged by malpractice defense counsel and an increase in claims related to cyber events — including hacking of systems used by lawyers and law firms — the survey revealed that conflicts of interest continue to be a common cause of or factor in malpractice claimin rates charged by malpractice defense counsel and an increase in claims related to cyber events — including hacking of systems used by lawyers and law firms — the survey revealed that conflicts of interest continue to be a common cause of or factor in malpractice claimin claims related to cyber events — including hacking of systems used by lawyers and law firms — the survey revealed that conflicts of interest continue to be a common cause of or factor in malpractice claimin malpractice claims.

On appeal, the First Circuit certified three questions to the Massachusetts Supreme Judicial Court: (1) whether an insurer owes a duty under an insurance policy or the Massachusetts «in for one, in for all» rule to prosecute an insured's counterclaim; (2) whether an insurer owes a duty to fund the prosecution of an insured's counterclaim as part of «Defense Costs;» and (3) when such a duty might give rise to a conflict of interest, so that the insured is entitled to separate counsel at the insurer's expense.

Areas that should be looked at from an in - house perspective are: conflict of interest, privilege, and outside counsel fees.

[1] As a matter related to clients» interests in maintaining a relationship with counsel of choice and protecting client confidences, lawyers in different firms may need to disclose information to each other to detect and resolve conflicts of interest, such as when a lawyer is considering an association with another firm, two or more firms are considering a merger, or a lawyer is considering the purchase of a law practice.

He also advises in - house counsel on ethics issues, including conflict of interest, confidentiality, and dealing with corporate wrongdoing.

Hoang v. Vicentini was a motor vehicle case that discusses the difference between litigation experts and participant experts (the former needs to prepare a report under the Rules of Civil Procedure, the latter does not) and also conflict of interest issues for defence counsel acting in a reservation of rights situation.

On the other hand, where the reservation of rights is based on coverage disputes which have nothing to do with the issues being litigated in the underlying action, there is no conflict of interest requiring independent counsel paid for by the insurer.

(4) «a consultation by attorneys with their firm's in - house counsel on a purely ethical issue arising from the representation of a current client... [does not] inherently give -LSB--RSB- rise to a conflict of interest between the firm and the client»; and

Securing outside counsel for the attorney prevents possible conflicts of interest for the firm in trying to handle the ethics complaint in - house and shows the attorney that will support them by hiring independent counsel.

In Al Bidery, defence counsel moved to have plaintiffs» counsel removed as counsel of record based on a conflict of interest.

In a brief paragraph they rejected the argument of conflict of interest: «forcing unwilling counsel to continue may create a conflict between the client's and lawyer's interests.

Even if there is no perceived or actual conflict of interest between the employee and the company, in - house counsel should not be misappropriated for personal use.