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Description: This program will discuss recent developments and recurrent hot button issues in the field of conflicts of interest and their possible consequences, including possible exposure to malpractice or other liability and disqualification. The program will begin with a brief overview of the principal conflict rules (Rules 1.7. 1.9, 1.10, 1.13 and 1.18) and then move on to how to identify and, to the extent possible, avoid or handle (through use of devices such as waivers, screens and conflicts counsel) common but sometimes subtle issues. These issues will include material limitation conflicts, joint representations, lateral movement and imputation of conflicts arising from former representations, and the client-affiliate issues and the frequent disconnect between client guidelines and lawyers’ engagement letters. Allusion will be made to the intersection of the conflicts issues with other rules such as those concerning client confidences (Rule 1.6), communication of material developments (Rule 1.4), and the issues will be discussed with reference to leading or illustrative recent caselaw and ABA and significant State ethics opinions or comments to Rules.
Presenter Bios
A Hughes Hubbard & Reed partner for 35 years before becoming its first General Counsel, James B. Kobak, Jr. has had a long and varied career. He served as lead counsel to the trustee for the Securities Investor Protection Act (SIPA) liquidations of Lehman Brothers Inc. and MF Global Inc., and in similar roles for other liquidations almost from the inception of the SIPA statute.
Jim has litigated in many forums at every level, including state and federal courts, from Bankruptcy Court to the Supreme Court of the United States, as well as arbitral bodies. He is an active arbitrator and mediator. He has lectured and written widely, particularly on antitrust and intellectual property matters, and more recently ethics and access to justice issues, and has taught substantive antitrust and intellectual property courses at leading law schools for nearly two decades, and is a former president of the New York County Lawyers' Association.
 | | Practice Areas: | | Ethics & Professional Responsibility, Litigation & Appeals | | | Online Media Type: | | Video | | | Production Date: | | 10/18/2022 | | | Level: | | Intermediate | | | Category: | | Standard | | | Duration: | | 1 Hours, 14 Minutes | | | Online Format: | | On Demand | | | Course Type: | | Public |
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| | • | James B. Kobak, Jr. - Hughes Hubbard & Reed LLP |
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