Business Law Mega Meeting 2016 Presentation
Navigating the Dual-Representation Minefield: A Road Map for Corporate and Individual Counsel in Derivative Litigation
Representing defendants in a derivative action implicates multiple Rules of Professional Conduct, including 1.7, 1.8, 1.13, and 5.4.
This presentation will focus on how to navigate the minefield associated with these rules, especially the differing roles of corporate counsel and counsel for director defendants. We will discuss (1) who can pay which attorneys, (2) the types of arguments that can be raised (focussing on the Corporate Neutrality Rule as set forth in Domanus v. Lewicki, 891 F. Supp. 2d 929), and (3) what happens to the attorney-client privilege when these rules are breached, as set forth in Janousek v. Slotky, 2012 IL App (1st) 113432.
Speakers: Charles Wentworth & Richard Lofgren
1 Credit MCLE