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External counsel and five conflict of interest puzzles

Corporate law departments that confront a conflicts situation with outside counsel should turn to Freivogel on Conflicts at Each of the seven situations discussed by Freivogel sounds very plausible; here are five:

(1) a boutique you retain insists on your waiving in advance any conflicts that might arise after the current matter ends;

(2) a firm you currently use has sued a one of your subsidiaries [periodically send your firms an updated list of corporate affiliates];

(3) an associate you have used leaves the firm and joins another firm, one that is suing you;

(4) you find yourself in a dispute over a contract that external counsel drafted, and have to decide whether to use that firm to handle the dispute; and

(5) before taking part in a competitive selection, one of the firms asks you to sign a letter stating that you will not disclose any confidential information during the interview and that the firm can oppose you in the matter if you do not select them.