Navigating Conflict Issues in transactional and Litigation Matters

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Tuesday, June 27, 2006
Registration: 2:45 p.m. - 3:00 p.m.
Program: 3:00 pm – 6:00 pm

Sponsored by: Litigation Section and Business Law Section

This program, designed for both deal lawyers and litigators, will provide you with tools to “issue spot” conflicts in transactional and litigation matters and offer practical tools to analyze those issues. This is not a basic primer on the Rules of Professional Conduct, but instead will address conflict “hotbeds” and ways to prevent a conflict from arising.

Specific topics include:

• Conflicts in transactional work;
• Conflicts arising when acting as litigation counsel for a transactional deal handled by your firm;
• Corporate relationships creating conflicts: when to be cautious in representing parents and subsidiaries, and what to do when your client merges with a party with whom you have had an adverse relationship;
• Conflict issues arising when a lawyer represents a client’s employee at a deposition, including discussion on the potential conflict of interest issues arising under Rules 1.7 and 1.13 of the Rules of Professional Conduct;
• Representing a client in an out of state arbitration: when this becomes the unauthorized practice of law. Through a survey of state requirements, you will learn about the rules governing representation of a client in a state in which an attorney is not licensed to practice;
• Conflicts abound: the attack on the tripartite relationship among insurer, insured and defense counsel; and
• Switching hats: conflicts arising from when defense counsel seeks to represent insurers in coverage determinations and extra-contractual bad faith actions, or when coverage/bad faith counsel seeks to defend insureds.

*The program will fulfill your ethics credits reporting requirements for the year, and provide you with comprehensive written materials.

Panelists:

Susan H. Farina
General Counsel
Image Therm Engineering, Inc.

Erin K. Higgins – Program Co-Chair
Conn Kavanaugh Rosenthal Peisch & Ford, LLP

Elizabeth C. Sackett
Robinson & Cole LLP

Mark E. Swirbalus
Day, Berry & Howard LLP

Richard M. Zielinski
Goulston & Storrs – A Professional Corporation

Moderator:

Maureen Mulligan – Program Co-Chair
Ruberto, Israel & Weiner, P.C.

Program Prices

$115 - BBA Members
$145 - Non-Members
$80 - BBA Member New Lawyer (admitted after 6/2004)
$60 - BBA Member Legal Services/Government Lawyer