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Conflicts of Interest in Environmental Practice and the Sarbanes-Oxley Act of 2002 ( July 2006 )
On March 16, 2003, the Section's Ethics Committee presented a hypothetical titled "On the Far Side of the Moon" at the 32nd Annual Conference on Environmental Law in Keystone, Colorado. The hypo concerned the adventures of Adrienne Fitch, in-house counsel at the Empire Strikes Mining Co., Larry Able, the company’s outside environmental counsel, and Frank Numbero, the company’s auditor. -
Dealing With Conflicts In Joint Representation Of DefendantsIn Mass Tort Litigation ( April 2004 )
As litigation continues to become increasingly complex with plaintiffs attempting to unite in class action lawsuits while naming as many defendants as possible, the legal costs associated with defending such lawsuits present a great economic challenge to many companies. This article addresses a number of ethical concerns which an attorney must consider before undertaking a joint defense in mass tort litigation. -
Corporate Ethics and Sarbanes-Oxley ( February 2004 )
In 2002, the passage of Sarbanes-Oxley heralded sweeping reforms affecting the content and preparation of disclosure documents by public companies. More recently, the Securities and Exchange Commission approved listing standards of the New York Stock Exchange and the Nasdaq Stock Market that now require companies to have codes of ethics governing the conduct of all their directors, officers, and employees. This article explores the significant issues related to compliance with these new standards, and their effect on the operation of public companies. -
The Post Sarbanes-Oxley World ( December 2003 )
Jordan Eth, a Partner at Morrison Foerster, presented a discussion on securities enforcement and litigation, and focused particular attention on the top pitfalls for corporate clients in the area of Sarbanes-Oxley compliance that deals with requests for documents from the SEC. -
Certification for Clinical Trials ( August 2003 )
The current clinical trial protection system has been in place for more than 30 years, but recent litigation bas brought nearly every component of its infrastructure under attack. The result has been widespread media attention and a heightened public awareness of research-related deaths, conflicts of interest, and inadequacies in adverse event reporting and clinical trial oversight. -
Avoiding Malpractice: Conflicts of Interest in Bankruptcy Representations ( May 2001 )
Legal malpractice claims, breach of fiduciary duty claims, and grievance complaints arising from conflicts of interest can be avoided by understanding of the identity of the client, the duties owed to the client and to third parties, the issues that give rise to potential conflicts in the bankruptcy context, and the required disclosures and permissible waivers. -
Handling Suspicions of Insider Misconduct ( January 2001 )
Rarely are the tensions between the interests of a corporation and the interests of its management as problematic . -
Legal Malpractice ( March 2000 )
If you believe an attorney representing you has failed to provide you adequate representation, you may have the . -
Statements before Joint Defense Agreement Reached Not Privileged ( November 1999 )
In affirming a conviction for obstruction of justice and perjury against the former Chief Financial Officer of E.
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