The Attorney as Third-Party Neutral: Navigating Ethical Obligations

Size: px
Start display at page:

Download "The Attorney as Third-Party Neutral: Navigating Ethical Obligations"

Transcription

1 The Attorney as Third-Party Neutral: Navigating Ethical Obligations John M. Delehanty Partner Mintz, Levin, Cohn, Ferris, Glovsky & Popeo, P.C. Washington, D.C. April 20, 2012

2 Sources of Ethical Rules Arbitration The Code of Ethics for Arbitrators in Commercial Disputes (ABA/AAA Code) Federal Arbitration Act (FAA, 9 USC 1-14) Uniform Arbitration Act (UAA) Revised Uniform Arbitration Act (RUAA), in force in 14 states and D.C. Mediation Model Standards of Conduct for Mediators (ABA/AAA/ACR Model Standards) All Forms of ADR Model Rule for The Lawyer as Third-Party Neutral (CPR Model Rules)

3 I. Disclosure Requirements & Conflict Checks II. Future Relationships with the Parties & Imputed Conflicts of Interest III. Confidentiality IV. Competence

4

5 I. Disclosure Requirements & Conflict Checks

6 Duty to Disclose: Arbitration ABA/AAA Code, Canon II Attorneys who are requested to serve as arbitrators must disclose: Direct or indirect financial/personal interest in the arbitration s outcome; Past and existing financial, business, professional, family or social relationships with any of the parties, their lawyers, or co-arbitrators; and Any prior knowledge of the dispute to be arbitrated. Consider familiarity with parties and their products, patents or specific technology involved, and industry news. The duty to disclose is ongoing for the duration of arbitration. After full disclosure, parties may consent to an arbitrator s service.

7 Duty to Disclose: Arbitration Arbitrators should disclose to the parties any dealings that might create an impression of possible bias. Commonwealth Coatings Corp. v. Continental Casualty Co., 393 U.S. 145, 149 (1968). Case law is unclear on the extent of disclosures an arbitrator must make, with the exception of the point that arbitrators should not be held to a higher standard of judicial decorum than Article III judges are. Positive Software Solutions, Inc. v. New Century Mortgage Corp., 476 F.3d 278, 285, (5th Cir. 2007), cert. denied, 127 S. Ct (2007)). 1 1 For standards applicable to Article III judges, see 28 USC 455.

8 Duty to Disclose: Mediation ABA/AAA/ACR Model Standard III Attorneys serving as mediators shall disclose actual and potential conflicts of interest that could be seen as raising a question about the mediator s impartiality. Account for imputed relationships. Consider mediator s prior work on cases involving similar technology, or a similar type of dispute, to avoid predispositions. The duty to disclose is ongoing for duration of the mediation. After full disclosure, parties may consent to a mediator s service.

9 Duty to Disclose: All Forms of ADR CPR Model Rule 4.5.3: A lawyer serving as a neutral shall disclose to the parties all circumstances why the lawyer might not be perceived to be impartial. Consider past and existing financial, business, professional, family or social relationships with any of the parties, their lawyers, or co-neutrals. Account for imputed relationships. The duty to disclose is ongoing for the duration of ADR.

10 Duty to Disclose: Practice Tips Make disclosures at the earliest time practicable. Construe the duty to disclose broadly so that the parties can realistically assess the neutral s ability to remain impartial. When in doubt, disclose. Avoid creating conflicts of interest during the course of ADR. If you become aware of a conflict during ADR, disclose it immediately. Withdraw from service as a neutral if you find that you cannot remain impartial (notwithstanding the fact that the parties have consented).

11 Failure to Disclose Conflicts: Consequences Leaves arbitration awards, which are subject to a court s confirmation, open to collateral attack. May sully the neutral s reputation, as well as those of his partners, associates, and firm. May subject the neutral to professional discipline, depending on the jurisdiction and operative ethical rules.

12 Judicial Review of Arbitration Awards Under the FAA, a reviewing court may vacate an arbitration award upon finding that the arbitrator exhibited evident partiality toward one party. 9 USC 10(a)(2). Partiality may be inferred from an undisclosed relationship combined with an arbitrator s preferential treatment of a party. RUAA 12(d), in force in 14 states and D.C., makes failure to give required disclosures a specific ground to vacate an arbitration award. But, [a]n award may not be vacated because of a trivial or insubstantial prior relationship between the arbitrator and the parties to the proceeding. Positive Software Solutions, Inc. v. New Century Mortgage Corp., 476 F.3d 278, 285, (5th Cir. 2007), cert. denied, 127 S. Ct (2007)).

13 Examples of Insubstantial Prior Relationships Arbitrator s law firm represented company that indirectly caused the arbitrated dispute (ANR Coal Co. v. Cogentrix of N.C., Inc., 173 F.3d 493 (4th Cir. 1999)). Arbitrator s former law firm represented party to the arbitration on unrelated matters (Al-Harbi v. Citibank, N.A., 85 F.3d 680 (D.C. Cir. 1996)). Arbitrator knew one of the parties, had worked in the same office with him 20 years ago, and saw him about once a year since (Merit Ins. Co. v. Leatherby Ins. Co., 714 F.2d 673 (7th Cir. 1983)). Arbitrator and law firm representing a party had clients in common. Requiring vacatur under such facts would request that potential neutral arbitrators sever all ties with the business world (Ormsbee Dev. Co. v. Grace, 668 F.2d 1140 (10th Cir. 1982)).

14 Prior Relationships Requiring Grants of Vacatur Business relationship between arbitrator and party was repeated and significant ; the party to the arbitration was one of the arbitrator s regular customers ; the relationship even went so far as to include the rendering of services on the very projects involved in the lawsuit (Commonwealth Coatings). Arbitrator was a high-ranking officer in a company that had a substantial ongoing business relationship with one of the parties (Olson v. Merrill Lynch, Pierce, Fenner & Smith, Inc., 51 F.3d 157 (8th Cir. 1995)). Arbitrator s law firm represented parent company of a party for decades, including within 2 years of the arbitration (Schmitz v. Zilveti, 20 F.3d 1043 (9th Cir. 1994)). Arbitrator s father was General President of the union involved in arbitrated dispute (Morelite Constr. Corp. v. N.Y. City Dist. Council Carpenters Benefit Funds, 748 F.2d 79 (2d Cir. 1984)).

15 Judicial Review of Mediated Settlement Agreements Because settlement agreements are usually drafted by the parties, and ostensibly not coerced by the mediator, they are generally enforceable under basic principles of contract law. The argument that a mediator s bias overcame the parties autonomy in drafting a settlement agreement will usually not be strong enough to undermine judicial enforcement of such an agreement. To this end, mediators should limit their roles to assisting the parties in crafting final agreements rather than drafting the agreements themselves. This will also help protect mediators from liability for professional negligence if an important term is not incorporated into the final agreement.

16

17 II. Future Relationships with the Parties & Imputed Conflicts of Interest

18 Arbitrator-Party Relationships After Arbitration ABA/AAA Code, Canon I Arbitrators should avoid entering into business, professional, or personal relationships with the parties, or acquiring financial or personal interests in the parties, for a reasonable period of time after arbitration has concluded. This protects the integrity of the arbitration process by avoiding the creation of any appearance of partiality on the arbitrator s behalf.

19 Mediator-Party Relationships After Mediation ABA/AAA/ACR Model Standard III Mediators should not establish any relationships with the participants in a mediation after it has concluded that would raise questions about the mediation s integrity. Mediators should consider the following factors in making their assessments: Time elapsed following the mediation; The nature of the relationships established; and The nature of the services the former mediator will offer the party or that the party will offer the former mediator.

20 Neutral-Party Relationships After ADR CPR Model Rule 4.5.4(a): Neutrals cannot later represent any party to an ADR proceeding in the same or a substantially related matter, unless all parties consent after full disclosure. Neutrals cannot represent a party adverse to a former ADR party where the lawyer-neutral has acquired confidential information, without the consent of the former ADR party. Neutrals cannot acquire any interest in an ADR party or represent that party in a unrelated matter for a reasonable period of time after conclusion of ADR, unless all parties consent after full disclosure.

21 Imputation of Neutral s Conflicts of Interest to Firm Neither the ABA/AAA Code for arbitrators nor the ABA/AAA/ACR Standards for mediators address the subject of imputed conflicts. In In re County of Los Angeles, 223 F.3d 990, 997 (2000), the Ninth Circuit held that a neutral s law firm was not disqualified from representing a party to settlement negotiations in a substantially related matter if the neutral was adequately screened from participation in the matter. CPR Model Rule 4.5.4(b) expands upon the Ninth Circuit s holding in In re County of Los Angeles and applies it to neutrals involved in all forms of ADR proceedings.

22 Imputation of Neutral s Conflicts of Interest to Firm Under the Model Rule, attorneys affiliated with a neutral who is personally disqualified from representing a former party to an ADR proceeding are also disqualified from representing the parties in substantially related or unrelated matters, unless the neutral is: Screened from any participation in the matter; Apportioned no fee from the matter; and All affected parties and tribunals are notified of the screening. In the firm context, is it practicable to ensure that the neutral is not apportioned part of the fee? Note that the Model Rule does not allow for law firm representation in the same matter, even with screening.

23 Imputation of Firm s Conflicts of Interest to Neutral ABA/AAA Code Canon II, ABA/AAA/ACR Model Standard III, and CPR Model Rule each require arbitrators, mediators, and other neutrals to disclose the conflicts of their partners and associates prior to an ADR proceeding. In all cases, the neutral may participate in the arbitration, mediation, or other ADR proceeding after full disclosure of imputed conflicts and with the consent of all parties.

24

25 III. Confidentiality

26 Confidentiality vis-à-vis the Public A major advantage of arbitration and mediation over litigation is that the public does not have access to the proceedings. Confidentiality is particularly important for parties involved in intellectual property disputes, which often concern trade secrets and other proprietary information. If this information were made public, it could seriously damage the parties by affecting their business prospects or influencing investors.

27 Confidentiality vis-à-vis the Public: Arbitration ABA/AAA Code, Canon IV Arbitrators must not leverage their relationships with the parties to gain personal advantage, help another gain personal advantage, or cause the detriment of another. Arbitrators should hold all matters relating to the arbitration proceedings and decision confidential. The arbitration award should be drafted in a way that does not disclose proprietary information regarding the intellectual property involved in the dispute.

28 Confidentiality vis-à-vis the Public: Mediation ABA/AAA/ACR Model Standard V Mediators shall maintain the confidentiality of all information obtained in mediation, unless otherwise agreed to by the parties or required by applicable law. Mediators may report to the overseeing court whether the parties appeared at a scheduled mediation and whether or not the parties reached a resolution, but should not communicate to any nonparticipant how the parties acted in the mediation.

29 Confidentiality vis-à-vis the Public: All Forms of ADR CPR Model Rule 4.5.2(a) Neutrals shall maintain the confidentiality of all information acquired in the course of service, unless required or permitted by law or agreement of the parties to disclose such information. In the context of ADR, the general rule that lawyers may divulge confidences within their law firm does not apply. However, neutrals may discuss fact patterns with other ADR practitioners at their firms so long as they omit specifics that would allow the party or dispute to be identified. Neutrals may use confidential information acquired over the course of an ADR proceeding if necessary to defend the neutral from a charge of misconduct. Neutrals may discuss confidential information that has become publicly known through means other than the neutral s disclosure of the information.

30 Confidentiality vis-à-vis the Public: All Forms of ADR CPR Model Rule 4.5.2(b) Neutrals may disclose confidential information obtained during a proceeding where necessary to prevent: 1. Death or serious bodily injury from occurring; or 2. Substantial financial loss from occurring in the matter at hand as the result of crime or fraud that a party has committed or intends to commit. Before making a disclosure that is not required by law, a neutral must make a good faith effort to persuade the party or its counsel not to act in a way that would cause the adverse party harm, or at least to warn those who might be harmed.

31 Confidentiality vis-à-vis the Parties: Mediation ABA/AAA/ACR Model Standard V Mediation often consists of joint sessions where both parties are present, and private sessions where the mediator counsels the parties individually. Mediators who hold private sessions must not convey the substance of those meetings to any person not present at the session, without consent of the disclosing party. This rule is very important in the IP context to promote the parties forthrightness by protecting the integrity of trade secrets and other proprietary information.

32

33 IV. Competence

34

35 Competence: Arbitration ABA/AAA Code, Canon I Arbitrators should accept appointment only if fully satisfied that they are competent to serve. In making this determination, potential arbitrators should consider: Previous experience as an arbitrator; Familiarity with the type of dispute to be arbitrated (e.g., patent infringement or theft of trade secrets); and The level of sophistication of the arbitrator s understanding of the subject in dispute. Must the arbitrator be an expert on the particular technology involved to resolve the dispute? ABA/AAA Code, Canon VI Arbitrators may obtain help from their associates in reaching decisions so long as the associates follow proper conflict check procedures and agree to maintain the confidentiality of the arbitration.

36 Competence: Mediation ABA/AAA/ACR Model Standard IV Mediators must not serve unless they have the competence to satisfy the reasonable expectations of the parties. Competence includes training, experience in mediation, skills, cultural understandings and other understandings. Mediators must make relevant biographical information available to the parties. The Model Standard does not address technical competence regarding the subject matter of the dispute. Mediators may request appropriate assistance during the course of a mediation if they cannot otherwise conduct the mediation competently, with the parties consent.

37 Competence: All Forms of ADR CPR Model Rule 4.5.1, Cmts. 5 & 6 Neutrals should only serve in cases where they have sufficient knowledge and skill regarding the process and subject matter to be effective. Relevant factors include: The preparation a neutral is able to give to the matter; and The feasibility of employing experts or co-neutrals with required substantive or process expertise (subject to conflict screening protocols). Neutrals may accept assignments where the requisite level of competence can be achieved by reasonable preparation.

What an Arbitrator Should Investigate and Disclose: Proposing a New Test for Evident Partiality under the Federal Arbitration Act

What an Arbitrator Should Investigate and Disclose: Proposing a New Test for Evident Partiality under the Federal Arbitration Act Case Western Reserve Law Review Volume 53 Issue 3 2003 What an Arbitrator Should Investigate and Disclose: Proposing a New Test for Evident Partiality under the Federal Arbitration Act Lee Korland Follow

More information

Journal of Dispute Resolution

Journal of Dispute Resolution Journal of Dispute Resolution Volume 1997 Issue 1 Article 7 1997 Arbitrator or Private Investigator: Should the Arbitrator's Duty to Disclose Include a Duty to Investigate - Abudullah E. Al-Harbi v. Citibank,

More information

International Arbitration and Dispute Resolution Practical Aspects of an International Arbitration

International Arbitration and Dispute Resolution Practical Aspects of an International Arbitration International Arbitration and Dispute Resolution Practical Aspects of an International Arbitration June 15, 2017 New York Panelists: Simon Kyriakides, Senior Counsel, American Arbitration Association Grant

More information

Supreme Court of the United States

Supreme Court of the United States No. 13-959 IN THE Supreme Court of the United States LAURENCE STONE, Petitioner, v. BEAR, STEARNS & CO., INC.; J.P. MORGAN SECURITIES LLC; BEAR, STEARNS SECURITIES CORP.; AND BEAR STEARNS ASSET MANAGEMENT

More information

Supreme Court of the United States

Supreme Court of the United States No. 13-959 IN THE Supreme Court of the United States LAURENCE STONE, v. Petitioner, BEAR, STEARNS & CO., INC., et al., Respondents. ON PETITION FOR A WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS

More information

Arbitration-Related Litigation in Texas

Arbitration-Related Litigation in Texas Arbitration-Related Litigation in Texas MARK TRACHTENBERG Overview Pre-arbitration litigation Procedures for enforcing arbitration clause Strategies for defeating arbitration clause Post-arbitration litigation

More information

KENTUCKY BAR ASSOCIATION RULES OF THE SUPREME COURT OF KENTUCKY PRACTICE OF LAW

KENTUCKY BAR ASSOCIATION RULES OF THE SUPREME COURT OF KENTUCKY PRACTICE OF LAW KENTUCKY BAR ASSOCIATION RULES OF THE SUPREME COURT OF KENTUCKY PRACTICE OF LAW SCR 3.130(1.7) Conflict of interest: current clients (a) Except as provided in paragraph (b), a lawyer shall not represent

More information

Case 3:09-cv B Document 17 Filed 06/17/10 Page 1 of 9 PageID 411 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF TEXAS DALLAS DIVISION

Case 3:09-cv B Document 17 Filed 06/17/10 Page 1 of 9 PageID 411 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF TEXAS DALLAS DIVISION Case 3:09-cv-01860-B Document 17 Filed 06/17/10 Page 1 of 9 PageID 411 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF TEXAS DALLAS DIVISION FLOZELL ADAMS, Plaintiff, v. CIVIL ACTION NO. 3:09-CV-1860-B

More information

Arbitration Rules. Administered. Effective July 1, 2013 CPR PROCEDURES & CLAUSES. International Institute for Conflict Prevention & Resolution

Arbitration Rules. Administered. Effective July 1, 2013 CPR PROCEDURES & CLAUSES. International Institute for Conflict Prevention & Resolution International Institute for Conflict Prevention & Resolution CPR PROCEDURES & CLAUSES Administered Arbitration Rules Effective July 1, 2013 30 East 33rd Street 6th Floor New York, NY 10016 tel +1.212.949.6490

More information

The Supreme Court Rejects Liability of Customers, Suppliers and Other Secondary Actors in Private Securities Fraud Litigation

The Supreme Court Rejects Liability of Customers, Suppliers and Other Secondary Actors in Private Securities Fraud Litigation The Supreme Court Rejects Liability of Customers, Suppliers and Other Secondary Actors in Private Securities Fraud Litigation Stoneridge Investment Partners, LLC v. Scientific-Atlanta, Inc. (In re Charter

More information

MARYLAND RULES OF PROCEDURE TITLE 17 ALTERNATIVE DISPUTE RESOLUTION CHAPTER 100 GENERAL PROVISIONS

MARYLAND RULES OF PROCEDURE TITLE 17 ALTERNATIVE DISPUTE RESOLUTION CHAPTER 100 GENERAL PROVISIONS TITLE 17 ALTERNATIVE DISPUTE RESOLUTION CHAPTER 100 GENERAL PROVISIONS AMEND Rule 17-101 to correct a Committee note and to add section (e) pertaining to the applicability of Chapter 400, as follows: Rule

More information

Professor Sara Anne Hook, M.L.S., M.B.A., J.D AIPLA Spring Meeting, May 14, 2011

Professor Sara Anne Hook, M.L.S., M.B.A., J.D AIPLA Spring Meeting, May 14, 2011 Professor Sara Anne Hook, M.L.S., M.B.A., J.D. 2011 AIPLA Spring Meeting, May 14, 2011 The month of May in Indiana is particularly important because of the Indianapolis 500, an event that is officially

More information

In The Supreme Court of the United States

In The Supreme Court of the United States No. 13-959 ================================================================ In The Supreme Court of the United States --------------------------------- --------------------------------- LAURENCE STONE,

More information

Ethics for Municipal Attorneys

Ethics for Municipal Attorneys LEAGUE OF WISCONSIN MUNICIPALITIES 2018 MUNICIPAL ATTORNEYS INSTITUTE June 20, 2018 Ethics for Municipal Attorneys Presented by: Dean R. Dietrich, Esq. Ruder Ware L.L.S.C. P.O. Box 8050 Wausau, WI 54402-8050

More information

ARBITRATOR DISCLOSURE: STANDARDS AND GROWING CHALLENGES

ARBITRATOR DISCLOSURE: STANDARDS AND GROWING CHALLENGES ARBITRATOR DISCLOSURE: STANDARDS AND GROWING CHALLENGES "Do I believe in arbitration? I do. But not in arbitration between the lion and the lamb, in which the lamb is in the morning found inside the lion."

More information

Ninth Circuit Denies Insurer's Gamble on Vacatur in Nevada

Ninth Circuit Denies Insurer's Gamble on Vacatur in Nevada Arbitration Law Review Volume 3 Yearbook on Arbitration and Mediation Article 18 7-1-2011 Ninth Circuit Denies Insurer's Gamble on Vacatur in Nevada Emma M. Kline Follow this and additional works at: http://elibrary.law.psu.edu/arbitrationlawreview

More information

Case 3:10-cv RLW Document 28 Filed 01/07/11 Page 1 of 9

Case 3:10-cv RLW Document 28 Filed 01/07/11 Page 1 of 9 Case 3:10-cv-00554-RLW Document 28 Filed 01/07/11 Page 1 of 9 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Richmond Division TYSINGER MOTOR COMPANY, INC., d/b/a Tysinger Dodge,

More information

MARYLAND RULES OF PROCEDURE TITLE 17 ALTERNATIVE DISPUTE RESOLUTION TABLE OF CONTENTS

MARYLAND RULES OF PROCEDURE TITLE 17 ALTERNATIVE DISPUTE RESOLUTION TABLE OF CONTENTS MARYLAND RULES OF PROCEDURE TITLE 17 ALTERNATIVE DISPUTE RESOLUTION TABLE OF CONTENTS CHAPTER 100 GENERAL PROVISIONS CHAPTER 200 - PROCEEDINGS IN CIRCUIT COURT CHAPTER 300 - PROCEEDINGS IN THE DISTRICT

More information

PROPOSED AMENDMENTS TO TEXAS DISCIPLINARY RULES OF PROFESSIONAL CONDUCT

PROPOSED AMENDMENTS TO TEXAS DISCIPLINARY RULES OF PROFESSIONAL CONDUCT PROPOSED AMENDMENTS TO TEXAS DISCIPLINARY RULES OF PROFESSIONAL CONDUCT LINDA ACEVEDO, Austin State Bar of Texas State Bar of Texas 36 TH ANNUAL ADVANCED FAMILY LAW COURSE August 9-12, 2010 San Antonio

More information

Case 2:17-cv DB Document 48 Filed 07/12/17 Page 1 of 14 IN THE UNITED STATES COURT FOR THE DISTRICT OF UTAH CENTRAL DIVISION

Case 2:17-cv DB Document 48 Filed 07/12/17 Page 1 of 14 IN THE UNITED STATES COURT FOR THE DISTRICT OF UTAH CENTRAL DIVISION Case 2:17-cv-00207-DB Document 48 Filed 07/12/17 Page 1 of 14 IN THE UNITED STATES COURT FOR THE DISTRICT OF UTAH CENTRAL DIVISION HOMELAND MUNITIONS, LLC, BIRKEN STARTREE HOLDINGS, CORP., KILO CHARLIE,

More information

Case 2:09-cv MVL-JCW Document 20 Filed 08/03/10 Page 1 of 9 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA VERSUS NO:

Case 2:09-cv MVL-JCW Document 20 Filed 08/03/10 Page 1 of 9 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA VERSUS NO: Case 2:09-cv-07191-MVL-JCW Document 20 Filed 08/03/10 Page 1 of 9 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA UNITED STEEL WORKERS AFL- CIO AND UNITED STEEL WORKERS AFL-CIO LOCAL 8363 CIVIL

More information

IMPUTATION OF CONFLICT OF INTEREST

IMPUTATION OF CONFLICT OF INTEREST CLIENT-LAWYER RELATIONSHIP: IMPUTATION OF CONFLICT OF INTEREST MRPC 1.10 1 RULE 1.10 IMPUTATION OF CONFLICT OF INTEREST: GENERAL RULE (a) While lawyers are associated in a firm, none of them shall knowingly

More information

Does a Civil Protective Order Protect a Company s Foreign Based Documents from Being Produced in a Related Criminal Investigation?

Does a Civil Protective Order Protect a Company s Foreign Based Documents from Being Produced in a Related Criminal Investigation? Does a Civil Protective Order Protect a Company s Foreign Based Documents from Being Produced in a Related Criminal Investigation? Contributed by Thomas P. O Brien and Daniel Prince, Paul Hastings LLP

More information

DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT

DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT MANAGED CARE INSURANCE CONSULTANTS, INC., Appellant, v. UNITED HEALTHCARE INSURANCE COMPANY; UNITED HEALTHCARE OF FLORIDA, INC.; and any

More information

CPR PROCEDURES & CLAUSES. Non-Administered. Arbitration Rules. Effective March 1, tel fax

CPR PROCEDURES & CLAUSES. Non-Administered. Arbitration Rules. Effective March 1, tel fax CPR PROCEDURES & CLAUSES Non-Administered Arbitration Rules Effective March 1, 2018 tel +1.212.949.6490 fax +1.212.949.8859 www.cpradr.org CPR International Institute for Conflict Prevention & Resolution

More information

WIPO Arbitration and Mediation Center

WIPO Arbitration and Mediation Center WIPO ADR Procedures for the Resolution of EDV-Related Disputes: An Informal Exploration Erik Wilbers WIPO Arbitration and Mediation Center WIPO Arbitration and Mediation Center 2 Offices in Geneva and

More information

Questions: 1. May Lawyer file an affidavit for change of judge against Judge X in Defendant s case?

Questions: 1. May Lawyer file an affidavit for change of judge against Judge X in Defendant s case? FORMAL OPINION NO -193 Candor, Independent Professional Judgment, Communication, Seeking Disqualification of Judges Facts: Lawyer practices primarily in ABC County and represents Defendant in a personal-injury

More information

Commencing the Arbitration

Commencing the Arbitration Chapter 6 Commencing the Arbitration David C. Singer* 6:1 Procedural Rules Governing Commencement of Arbitration 6:1.1 Revised Uniform Arbitration Act 6:2 Applicable Rules of Arbitral Institutions 6:2.1

More information

Representing Yourself In Employment Arbitration: An Employee s Guide

Representing Yourself In Employment Arbitration: An Employee s Guide Representing Yourself In Employment Arbitration: An Employee s Guide What is the American Arbitration Association? The American Arbitration Association (AAA ) is a not-for-profit, private, public service

More information

MINNESOTA BOARD ON JUDICIAL STANDARDS. Advisory Opinion Activities of Retired Judges Appointed to Serve as Senior Judge

MINNESOTA BOARD ON JUDICIAL STANDARDS. Advisory Opinion Activities of Retired Judges Appointed to Serve as Senior Judge MINNESOTA BOARD ON JUDICIAL STANDARDS Advisory Opinion 2015-1 Activities of Retired Judges Appointed to Serve as Senior Judge Issue. Which activities are permissible or impermissible for a retired judge

More information

California Bar Examination

California Bar Examination California Bar Examination Essay Question: Professional Responsibility And Selected Answers The Orahte Group is NOT affiliated with The State Bar of California PRACTICE PACKET p.1 Question In 1995, Lawyer

More information

Case 2:11-mc VAR-MKM Document 3 Filed 02/14/11 Page 1 of 11 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION

Case 2:11-mc VAR-MKM Document 3 Filed 02/14/11 Page 1 of 11 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION Case 2:11-mc-50160-VAR-MKM Document 3 Filed 02/14/11 Page 1 of 11 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION DRAEGER SAFETY DIAGNOSTICS, INC., Plaintiff, CASE NUMBER: 11-50160

More information

United States Court of Appeals for the Federal Circuit

United States Court of Appeals for the Federal Circuit NOTE: This order is nonprecedential. United States Court of Appeals for the Federal Circuit CELGARD, LLC, Plaintiff-Cross Appellant, v. LG CHEM, LTD. AND LG CHEM AMERICA, INC., Defendants-Appellants. 2014-1675,

More information

PRIVILEGES AND ETHICAL CONSIDERATIONS

PRIVILEGES AND ETHICAL CONSIDERATIONS PRIVILEGES AND ETHICAL CONSIDERATIONS March 27, 2015 ISBA Government Practice Seminar Timothy J. Hill Copyright 2014 Bradley & Riley PC - All rights reserved. Privileges and Ethical Considerations 1. Attorney-Client

More information

Components of an Effective Ethical Screen

Components of an Effective Ethical Screen Components of an Effective Ethical Screen By Anthony Davis and Michael Downey 1 The lawyer ethics rules in the various states generally specify at least some circumstances when a law firm may erect an

More information

A Live 90-Minute Teleconference/Webinar with Interactive Q&A

A Live 90-Minute Teleconference/Webinar with Interactive Q&A presents Multi-Defendant Patent Litigation: Controlling Costs and Pooling Resources Strategies for Joint Defense Groups, Joint Defense Agreements, and Privilege Issues A Live 90-Minute Teleconference/Webinar

More information

LLC, was removed to this Court from state court in December (Docket No. 1). At that

LLC, was removed to this Court from state court in December (Docket No. 1). At that Leong v. The Goldman Sachs Group Inc. Doc. 50 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK ---------------------------------------------------------------------- X OEI HONG LEONG, Plaintiff,

More information

AMERICAN BAR ASSOCIATION STANDARDS FOR IMPOSING LAWYER SANCTIONS

AMERICAN BAR ASSOCIATION STANDARDS FOR IMPOSING LAWYER SANCTIONS AMERICAN BAR ASSOCIATION STANDARDS FOR IMPOSING LAWYER SANCTIONS Definitions Adopted by the Michigan Supreme Court in Grievance Administrator v Lopatin, 462 Mich 235, 238 n 1 (2000) Injury is harm to a

More information

Third District Court of Appeal State of Florida, January Term, A.D. 2011

Third District Court of Appeal State of Florida, January Term, A.D. 2011 Third District Court of Appeal State of Florida, January Term, A.D. 2011 Opinion filed March 2, 2011. Not final until disposition of timely filed motion for rehearing. No. 3D11-1 Lower Tribunal No. 10-27

More information

Association of Women Attorneys of Lake County

Association of Women Attorneys of Lake County Association of Women Attorneys of Lake County Seminar, January 12, 2018-10:30-11:30 a.m. Responsibilities to the Profession and Client Raymond J. McKoski Presentation Materials ABA MODEL RULE OF PROFESSIONAL

More information

ETHICAL CONSIDERATIONS FOR PRO BONO LAWYERS Prepared by Attorney Patricia Zeeh Risser LEGAL ACTION OF WISCONSIN

ETHICAL CONSIDERATIONS FOR PRO BONO LAWYERS Prepared by Attorney Patricia Zeeh Risser LEGAL ACTION OF WISCONSIN ETHICAL CONSIDERATIONS FOR PRO BONO LAWYERS Prepared by Attorney Patricia Zeeh Risser LEGAL ACTION OF WISCONSIN for the Marquette Volunteer Legal Clinic Lawyer and Student Volunteers December 11, 2008

More information

Attorney Continuing Legal Education

Attorney Continuing Legal Education Attorney Continuing Legal Education Avoiding and Resolving Conflicts of Interest Presented By: Scott B. Toban, Esq. Real Estate Institute www.instituteonline.com (800) 995-1700 Avoiding and Resolving

More information

IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT. No Non-Argument Calendar. D.C. Docket No. 7:15-cv LSC.

IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT. No Non-Argument Calendar. D.C. Docket No. 7:15-cv LSC. Case: 16-14519 Date Filed: 02/27/2017 Page: 1 of 13 [DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT No. 16-14519 Non-Argument Calendar D.C. Docket No. 7:15-cv-02350-LSC

More information

Sample Licensing Agreement

Sample Licensing Agreement Agreement Between Laura C. George and The Awesomest Company, Inc. This art licensing agreement (the Agreement ) is entered into as of May 10th, 2016 (the Effective Date ) between Laura C. George ( Artist

More information

MISCONDUCT BY ATTORNEYS OR PARTY REPRESENTATIVES BEFORE THE NATIONAL LABOR RELATIONS BOARD (NLRB)

MISCONDUCT BY ATTORNEYS OR PARTY REPRESENTATIVES BEFORE THE NATIONAL LABOR RELATIONS BOARD (NLRB) MISCONDUCT BY ATTORNEYS OR PARTY REPRESENTATIVES BEFORE THE NATIONAL LABOR RELATIONS BOARD (NLRB) Section 102.177 of the Board s Rules and Regulations controls the conduct of attorneys and party representatives/non

More information

Case 2:09-cv DB Document 114 Filed 11/12/10 Page 1 of 12 IN THE UNITED STATES COURT FOR THE DISTRICT OF UTAH CENTRAL DIVISION

Case 2:09-cv DB Document 114 Filed 11/12/10 Page 1 of 12 IN THE UNITED STATES COURT FOR THE DISTRICT OF UTAH CENTRAL DIVISION Case 2:09-cv-00707-DB Document 114 Filed 11/12/10 Page 1 of 12 IN THE UNITED STATES COURT FOR THE DISTRICT OF UTAH CENTRAL DIVISION LUTRON ELECTRONICS CO., INC., Plaintiff, MEMORANDUM DECISION AND ORDER

More information

USTOCKTRAIN TRADING SIMULATOR TERMS AND CONDITIONS

USTOCKTRAIN TRADING SIMULATOR TERMS AND CONDITIONS USTOCKTRAIN TRADING SIMULATOR TERMS AND CONDITIONS PLEASE READ THESE USTOCKTRAIN TRADING SIMULATOR TERMS AND CONDITIONS ( TERMS AND CONDITIONS ) CAREFULLY. THE USTOCKTRAIN TRADING SIMULATOR SIMULATES SECURITIES

More information

IMPACT OF THE NEW OHIO RULES OF PROFESSIONAL CONDUCT ON SOLO/SMALL FIRMS

IMPACT OF THE NEW OHIO RULES OF PROFESSIONAL CONDUCT ON SOLO/SMALL FIRMS IMPACT OF THE NEW OHIO RULES OF PROFESSIONAL CONDUCT ON SOLO/SMALL FIRMS Panel Discussion by Charles J. Kettlewell, J.D. Christensen, Christensen, Donchatz, Kettlewell & Owens, LLP Alvin E. Mathews. J.D.

More information

Case 1:15-cv LEK-KJM Document 22 Filed 06/29/16 Page 1 of 16 PageID #: 458 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF HAWAII

Case 1:15-cv LEK-KJM Document 22 Filed 06/29/16 Page 1 of 16 PageID #: 458 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF HAWAII Case 1:15-cv-00481-LEK-KJM Document 22 Filed 06/29/16 Page 1 of 16 PageID #: 458 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF HAWAII NELSON BALBERDI, vs. Plaintiff, FEDEX GROUND PACKAGE SYSTEM,

More information

Financial Dispute Resolution Centre Financial Dispute Resolution Scheme. Mediation and Arbitration Rules. February 2014

Financial Dispute Resolution Centre Financial Dispute Resolution Scheme. Mediation and Arbitration Rules. February 2014 Financial Dispute Resolution Centre Financial Dispute Resolution Scheme Mediation and Arbitration Rules February 2014 Financial Dispute Resolution Centre Unit 3701 4, 37/F, Sunlight Tower, 248 Queen s

More information

Oregon Code of Judicial Conduct. (2013 Revision)

Oregon Code of Judicial Conduct. (2013 Revision) Oregon Code of Judicial Conduct (2013 Revision) Effective December 1, 2013 (This page intentionally left blank.) TABLE OF CONTENTS Oregon Code of Judicial Conduct 2013 Revision Rule 1 Scope and Application

More information

Case: 5:10-cv SL Doc #: 20 Filed: 07/15/11 1 of 8. PageID #: 626 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO EASTERN DIVISION

Case: 5:10-cv SL Doc #: 20 Filed: 07/15/11 1 of 8. PageID #: 626 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO EASTERN DIVISION Case: 5:10-cv-02691-SL Doc #: 20 Filed: 07/15/11 1 of 8. PageID #: 626 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO EASTERN DIVISION HUGUES GREGO, et al., CASE NO. 5:10CV2691 PLAINTIFFS, JUDGE

More information

Presented by Richard Zielinski

Presented by Richard Zielinski Advance Conflict Waivers: Look Before You Leap Presented by Richard Zielinski April 9, 2009 1. What is an Advance Conflict Waiver? (a) A waiver given by a client (b) To a potential future representation

More information

ADR CODE OF PROCEDURE

ADR CODE OF PROCEDURE Last Revised 12/1/2006 ADR CODE OF PROCEDURE Rules & Procedures for Arbitration RULE 1: SCOPE OF RULES A. The arbitration Rules and Procedures ( Rules ) govern binding arbitration of disputes or claims

More information

Website Terms of Use

Website Terms of Use Website Terms of Use Version 1.0 The World Crypto Lotto website located at https://www.worldcryptolotto.online is a copyrighted work belonging to World Crypto Lotto. Certain features of the site may be

More information

SELECT ILLINOIS RULES OF PROFESSIONAL CONDUCT

SELECT ILLINOIS RULES OF PROFESSIONAL CONDUCT ILLINOIS SUPREME COURT COMMISSION ON PROFESSIONALISM The Buck Stops Here: Ethics and Professionalism for In-House Counsel SELECT ILLINOIS RULES OF PROFESSIONAL CONDUCT The Rules listed below are those

More information

Law Firm Cyber Protection and the Ethics of Protecting Your Digital Assets: Everything You Need and Want to Know

Law Firm Cyber Protection and the Ethics of Protecting Your Digital Assets: Everything You Need and Want to Know Law Firm Cyber Protection and the Ethics of Protecting Your Digital Assets: Everything You Need and Want to Know Michael S. Ross, Esq., Panel Chair Panelists: Greg Cooke James S. Gkonos, Esq. Michael Kraft,

More information

RELIBIT LABS MUTUAL NON DISCLOSURE AGREEMENT

RELIBIT LABS MUTUAL NON DISCLOSURE AGREEMENT RELIBIT LABS MUTUAL NON DISCLOSURE AGREEMENT RELIBIT LABS LLC Updated: Tuesday, January 31, 2017 Version: 0.3 Document Code RL1701-002 This Agreement ( Agreement ) dated ( Effective Date ) is entered into

More information

ETHICAL HAZARDS THAT CONFRONT CORPORATE COUNSEL

ETHICAL HAZARDS THAT CONFRONT CORPORATE COUNSEL ETHICAL HAZARDS THAT CONFRONT CORPORATE COUNSEL GUEST SPEAKERS SARAH MENENDEZ Senior Litigation Counsel T +1.713.918.1039 sarah_menendez@bmc.com SEAN GORMAN Trial Partner T +1.713.221.1221 sean.gorman@bracewell.com

More information

Dispute Resolution Service. Guide to Arbitration Clauses

Dispute Resolution Service. Guide to Arbitration Clauses Dispute Resolution Service Guide to Arbitration Clauses NOTES B AHLA Dispute Resolution Service INTRODUCTION This guide does not provide legal advice and is not a substitute for such advice. Federal and

More information

(1) the representation of one client will be directly adverse to another client; or

(1) the representation of one client will be directly adverse to another client; or ABA Model Rule 1.7 Conflict of Interest: Current Clients (a) Except as provided in paragraph (b), a lawyer shall not represent a client if the representation involves a concurrent conflict of interest.

More information

CLIENT FEE DISPUTE ARBITRATION DOCUMENTS

CLIENT FEE DISPUTE ARBITRATION DOCUMENTS Fee Dispute Arbitration Program Monroe County Bar Association One West Main Street, 10 th Floor Rochester, New York 14614 CLIENT FEE DISPUTE ARBITRATION DOCUMENTS Enclosed are the documents needed for

More information

Uniform Arbitration Act; Mediation or Arbitration of Trust Instruments; HB 2571

Uniform Arbitration Act; Mediation or Arbitration of Trust Instruments; HB 2571 Uniform Arbitration Act; Mediation or Arbitration of Trust Instruments; HB 2571 HB 2571 repeals the Uniform Arbitration Act (UAA) and replaces it with the Uniform Arbitration Act of 2000 (or Revised Uniform

More information

Monday 2nd November, 2009.

Monday 2nd November, 2009. Monday 2nd November, 2009. On July 1, 2009 came the Virginia State Bar, by Jon D. Huddleston, its President, and Karen A. Gould, its Executive Director and Chief Operating Officer, and presented to the

More information

Case 1:17-cv DLC Document 149 Filed 01/16/18 Page 1 of 14 : : : : : : : : : Plaintiff, : Defendants. :

Case 1:17-cv DLC Document 149 Filed 01/16/18 Page 1 of 14 : : : : : : : : : Plaintiff, : Defendants. : Case 117-cv-01789-DLC Document 149 Filed 01/16/18 Page 1 of 14 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK -------------------------------------- X SECURITIES & EXCHANGE COMMISSION, Plaintiff,

More information

Alternative Dispute Resolution in Intellectual Property Disputes

Alternative Dispute Resolution in Intellectual Property Disputes Alternative Dispute Resolution in Intellectual Property Disputes September 14, 2006 Cheryl H. Agris Ignacio de Castro Peter L. Michaelson WIPO Arbitration and Mediation Center 1 Overview WIPO ARBITRATION

More information

Rule [1-100(B)] Terminology (Commission s Proposed Rule Adopted on October 21 22, 2016 Clean Version)

Rule [1-100(B)] Terminology (Commission s Proposed Rule Adopted on October 21 22, 2016 Clean Version) Rule 1.0.1 [1-100(B)] Terminology (a) (b) (c) (d) (e) Belief or believes means that the person involved actually supposes the fact in question to be true. A person s belief may be inferred from circumstances.

More information

RULES FOR KAISER PERMANENTE MEMBER ARBITRATIONS ADMINISTERED BY THE OFFICE OF THE INDEPENDENT ADMINISTRATOR

RULES FOR KAISER PERMANENTE MEMBER ARBITRATIONS ADMINISTERED BY THE OFFICE OF THE INDEPENDENT ADMINISTRATOR RULES FOR KAISER PERMANENTE MEMBER ARBITRATIONS ADMINISTERED BY THE OFFICE OF THE INDEPENDENT ADMINISTRATOR AMENDED AS OF JANUARY 1, 2016 TABLE OF CONTENTS A. GENERAL RULES...1 1. Goal...1 2. Administration

More information

RPC RULE 1.5 FEES. (3) the fee customarily charged in the locality for similar legal services;

RPC RULE 1.5 FEES. (3) the fee customarily charged in the locality for similar legal services; RPC RULE 1.5 FEES (a) A lawyer shall not make an agreement for, charge, or collect an unreasonable fee or an unreasonable amount for expenses. The factors to be considered in determining the reasonableness

More information

SINGAPORE MEDIATION CENTRE MEDIATION SERVICE THE MEDIATION PROCEDURE

SINGAPORE MEDIATION CENTRE MEDIATION SERVICE THE MEDIATION PROCEDURE SINGAPORE MEDIATION CENTRE MEDIATION SERVICE THE MEDIATION PROCEDURE 1 The Mediation Process 1.1 The mediation process conducted by the Singapore Mediation Centre (SMC) is to be governed by this Mediation

More information

Guidelines on Evidence

Guidelines on Evidence China International Economic and Trade Arbitration Commission Guidelines on Evidence Preamble The China International Economic and Trade Arbitration Commission ( CIETAC ) adopts these Guidelines on Evidence

More information

Supreme Court of the United States

Supreme Court of the United States No. 15-1408 In the Supreme Court of the United States MASIMO CORPORATION, Petitioner, V. MICHAEL RUHE AND VICENTE CATALA, Respondents. ON PETITION FOR A WRIT OF CERTIORARI TO THE UNITED STATES OF APPEALS

More information

Supreme Court of the United States

Supreme Court of the United States No. In the Supreme Court of the United States MASIMO CORPORATION, Petitioner, V. MICHAEL RUHE AND VICENTE CATALA, Respondents. ON PETITION FOR A WRIT OF CERTIORARI TO THE UNITED STATES OF APPEALS FOR THE

More information

Emerging Ethical Issues in Renewable Energy Hosted by the Professional Responsibility and Environmental Law and Energy Committees

Emerging Ethical Issues in Renewable Energy Hosted by the Professional Responsibility and Environmental Law and Energy Committees Chapter Twenty 0250LT Emerging Ethical Issues in Renewable Energy Hosted by the Professional Responsibility and Environmental Law and Energy Committees Course Summary In this one hour CLE, we will cover

More information

ZEIniteb ptrte5 Court of appeat5 for tbe*eroub Circuit

ZEIniteb ptrte5 Court of appeat5 for tbe*eroub Circuit 17-1137-cv Certain Underwriting Members of Lloyds of London v, Insurance Company of the Americas ZEIniteb ptrte5 Court of appeat5 for tbe*eroub Circuit AUGUST TERM 2017 No. 17-1137-cv CERTAIN UNDERWRITING

More information

When Trade Secrets Cases Go Criminal: Part 1

When Trade Secrets Cases Go Criminal: Part 1 Portfolio Media. Inc. 111 West 19 th Street, 5th Floor New York, NY 10011 www.law360.com Phone: +1 646 783 7100 Fax: +1 646 783 7161 customerservice@law360.com When Trade Secrets Cases Go Criminal: Part

More information

March 2016 INVESTOR TERMS OF SERVICE

March 2016 INVESTOR TERMS OF SERVICE March 2016 INVESTOR TERMS OF SERVICE This Agreement is between you and Financial Pulse Limited and sets out the terms on which Financial Pulse offers you access to and use of certain services via the online

More information

Guide to WIPO Services

Guide to WIPO Services World Intellectual Property Organization Guide to WIPO Services Helping you protect inventions, trademarks & designs resolve domain name & other IP disputes The World Intellectual Property Organization

More information

Monitoring Practitioner Compliance With Disciplinary Rules and Inequitable Conduct

Monitoring Practitioner Compliance With Disciplinary Rules and Inequitable Conduct Monitoring Practitioner Compliance With Disciplinary Rules and Inequitable Conduct Intellectual Property Owners Association September 11, 2007, New York, New York By Harry I. Moatz Director of Enrollment

More information

DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT

DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT PUBLIX SUPERMARKETS, INC., Appellant, v. FAITH CONTE, as Personal Representative of the ESTATE OF SUSAN L. MOORE, Appellee. Nos. 4D14-2087,

More information

Recommendations for Guidelines Production

Recommendations for Guidelines Production Appendix 3 General Conditions of a NON DISCLOSURE AGREEMENT Recommendations for Guidelines Production A document for Task Force Members Responsible for the Production and Updating of ESC Guidelines Committee

More information

Managing a Corporate Crisis:

Managing a Corporate Crisis: Managing a Corporate Crisis: Strategies for Containing a Crisis and Controlling the Public Narrative While Meeting Ethical Obligations and Maintaining Privilege June 15, 2017 Vincent Cohen Hector Gonzalez

More information

MOTION OF THE OFFICIAL COMMITTEE OF UNSECURED CREDITORS FOR AN ORDER ESTABLISHING PROCEDURES FOR COMPLIANCE WITH 11 U.S.C.

MOTION OF THE OFFICIAL COMMITTEE OF UNSECURED CREDITORS FOR AN ORDER ESTABLISHING PROCEDURES FOR COMPLIANCE WITH 11 U.S.C. KRAMER LEVIN NAFTALIS & FRANKEL LLP 1177 Avenue of the Americas New York, New York 10036 Telephone: (212) 715-3275 Facsimile: (212) 715-8000 Thomas Moers Mayer Kenneth H. Eckstein Robert T. Schmidt Adam

More information

CANON 1 A Judge Should Uphold the Integrity and Independence of the Judiciary

CANON 1 A Judge Should Uphold the Integrity and Independence of the Judiciary CODE OF JUDICIAL CONDUCT (Supreme Judicial Court Rule 3:09) CANON 1 A Judge Should Uphold the Integrity and Independence of the Judiciary An independent and honorable judiciary is indispensable to justice

More information

OMBUDSMAN FOR BANKING SERVICES AND INVESTMENTS TERMS OF REFERENCE

OMBUDSMAN FOR BANKING SERVICES AND INVESTMENTS TERMS OF REFERENCE OMBUDSMAN FOR BANKING SERVICES AND INVESTMENTS TERMS OF REFERENCE Purpose 1. These Terms of Reference describe the principal powers and duties of OBSI, the duties of Participating Firms, the scope of OBSI

More information

MISCONDUCT. Committee Opinion May 11, 1993

MISCONDUCT. Committee Opinion May 11, 1993 LEGAL ETHICS OPINION 1528 OBLIGATION TO REPORT ATTORNEY MISCONDUCT. You have presented a hypothetical situation in which Attorney (P) is employed by a law firm and is contacted by a client to represent

More information

April 30, Dear Acting Under Secretary Rea:

April 30, Dear Acting Under Secretary Rea: The Honorable Teresa S. Rea Acting Under Secretary of Commerce for Intellectual Property and Acting Director of the United States Patent and Trademark Office Mail Stop OPEA P.O. Box 1450 Alexandria, VA

More information

SARBANES OXLEY ATTORNEY RESPONSIBILITY STANDARDS

SARBANES OXLEY ATTORNEY RESPONSIBILITY STANDARDS SARBANES OXLEY ATTORNEY RESPONSIBILITY STANDARDS DEBRA G. HATTER, Houston Haynes & Boone State Bar Of Texas 2 ND ANNUAL ADVANCED IN-HOUSE COUNSEL COURSE August 14-15, 2003 San Antonio, Texas CHAPTER 9

More information

Grand River Enterprises et al. v. United States of America

Grand River Enterprises et al. v. United States of America May 29, 2007 By E-Mail and Courier Ms. Ana Palacio Secretary-General International Centre for Settlement of Investment Disputes 1818 H Street, N.W. Washington, D.C. 20433 Re: Grand River Enterprises et

More information

Paper Entered: October 17, 2017 UNITED STATES PATENT AND TRADEMARK OFFICE BEFORE THE PATENT TRIAL AND APPEAL BOARD

Paper Entered: October 17, 2017 UNITED STATES PATENT AND TRADEMARK OFFICE BEFORE THE PATENT TRIAL AND APPEAL BOARD Trials@uspto.gov Paper 11 571-272-7822 Entered: October 17, 2017 UNITED STATES PATENT AND TRADEMARK OFFICE BEFORE THE PATENT TRIAL AND APPEAL BOARD SAMSUNG ELECTRONICS CO., LTD., Petitioner, v. ELM 3DS

More information

CODE OF ETHICS. fidelity to public needs; fairness and loyalty to his associates, employers, clients, subordinates and employees; and

CODE OF ETHICS. fidelity to public needs; fairness and loyalty to his associates, employers, clients, subordinates and employees; and CODE OF ETHICS Article 1. A registered engineer owes a duty to the public, to his employers and clients, to other members of his profession and to himself and shall act at all times with- fidelity to public

More information

Louisiana Rules of Professional Conduct (with amendments through September 30, 2011)

Louisiana Rules of Professional Conduct (with amendments through September 30, 2011) Louisiana Rules of Professional Conduct (with amendments through September 30, 2011) Published by the Louisiana Attorney Disciplinary Board 2800 Veterans Memorial Boulevard Suite 310 Metairie, Louisiana

More information

SOUTH DAKOTA BOARD OF REGENTS. Policy Manual

SOUTH DAKOTA BOARD OF REGENTS. Policy Manual SOUTH DAKOTA BOARD OF REGENTS Policy Manual SUBJECT: NUMBER: 1. The South Dakota Board of Regents proscribes academic misconduct by its employees at all times and in all circumstances. The following regulations

More information

BRUNO WORKS MEMBERSHIP AGREEMENT

BRUNO WORKS MEMBERSHIP AGREEMENT BRUNO WORKS MEMBERSHIP AGREEMENT This CO-WORKING MEMBERSHIP AGREEMENT IS entered into by and between we do property management, inc, t/ a/d/b/a Bruno Works, having an address of 945 Liberty Avenue, Pittsburgh,

More information

ABA Commission on Ethics 20/20 Revised Proposal - Outsourcing September 19, Resolution

ABA Commission on Ethics 20/20 Revised Proposal - Outsourcing September 19, Resolution 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 ABA Commission on Ethics 20/20 Revised Proposal - Outsourcing The views expressed

More information

KENTUCKY BAR ASSOCIATION Ethics Opinion KBA E-430 Issued: January 16, 2010

KENTUCKY BAR ASSOCIATION Ethics Opinion KBA E-430 Issued: January 16, 2010 KENTUCKY BAR ASSOCIATION Ethics Opinion KBA E-430 Issued: January 16, 2010 The Rules of Professional Conduct are amended periodically. Lawyers should consult the current version of the rules and comments,

More information

PERILS OF JOINT REPRESENTATION OF CORPORATIONS AND CORPORATE EMPLOYEES

PERILS OF JOINT REPRESENTATION OF CORPORATIONS AND CORPORATE EMPLOYEES This article is reprinted with the permission of the author and the American Corporate Counsel Association as it originally appeared in the ACCA Docket, vol. 19, no. 8, at pages 90 95. Copyright 2001,

More information

Resolution. Client-Lawyer Relationship Rule 1.1 Competence

Resolution. Client-Lawyer Relationship Rule 1.1 Competence 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 ABA COMMISSON ON ETHICS 20/20: REVISED DRAFT RESOLUTION FOR COMMENT--OUTSOURCING

More information

Chapter 36 Mediation and Arbitration 2013 EDITION Declaration of purpose of ORS to

Chapter 36 Mediation and Arbitration 2013 EDITION Declaration of purpose of ORS to Chapter 36 Mediation and Arbitration 2013 EDITION MEDIATION AND ARBITRATION SPECIAL ACTIONS AND PROCEEDINGS DISPUTE RESOLUTION (Generally) 36.100 Policy for ORS 36.100 to 36.238 36.105 Declaration of purpose

More information

Remote Support Terms of Service Agreement Version 1.0 / Revised March 29, 2013

Remote Support Terms of Service Agreement Version 1.0 / Revised March 29, 2013 IMPORTANT - PLEASE REVIEW CAREFULLY. By using Ignite Media Group Inc., DBA Cyber Medic's online or telephone technical support and solutions you are subject to this Agreement. Our Service is offered to

More information