Thursday, May 8, 6:00 – 8:15 p.m.
“Conflicts of Interest in Buy/Sell Transactions: How to Spot Them and Avoid Them”
The FCBA Professional Responsibility Committee will hold a CLE on Thursday, May 8 from 6:00 – 8:15 p.m. entitled “Conflicts of Interest in Buy/Sell Transactions: How to Spot and Avoid Them.” This program will be held at Arnold & Porter LLP, 555 12th Street, NW.
Registrations and cancellations due by 5:00 p.m., Wednesday, May 7, 2014.AGENDA6:00 – 6:05 p.m. Welcome and Introductions
6:05 – 6:55 p.m. Best Practices in Undertaking Transactional Representation
A panel of experienced practitioners will discuss the rules governing conflicts of interest in buy/sell transactions, the various and subtle ways conflicts may present themselves, and how best to manage the identification of potential conflicts. The following topics will be discussed:
· How lawyers and law firms can efficiently and accurately flag potential conflicts, including the use of conflicts databases
· When a lawyer may represent both sides in a transaction
· How to address conflicts arising from divisions or affiliates of a client
· How to handle conflicts which arise outside of the transaction itself, as in the case of business competitors
Moderator:
Ted Frank, Arnold & Porter, LLP
Speakers:
Alison R. Bost, Deputy General Counsel, Womble Carlyle Sandridge & Rice, LLP (Practice areas include conflicts of interest, legal ethics and professional responsibility)
Bernard J. DiMuro, Managing Partner, DiMuro Ginsburg; Past President, Virginia State Bar; Former Chairman, Virginia Supreme Court Disciplinary Board
Saul Jay Singer, Senior Legal Ethics Counsel, District of Columbia Bar
6:55 – 7:05 p.m. Break
7:05 – 8:15 p.m. How to Avoid or Remedy Representational Conflicts in Buying and Selling Communications Assets
A panel of experts will discuss how to remedy or avoid potential conflicts in transactional practice. The following topics will be discussed:
· The contours and value of ethical walls
· Client retainer letters and waivers
· Limitations on the scope of representation
· When to decline representation
· How to handle a “thrust upon” conflict
· Is a client ever a “hot potato”?
Lawrence J. Movshin, Partner, Wilkinson Barker Knauer, LLP
Marni E. Byrum, McQuade Byrum, PLLC, Chair Virginia State Bar Standing Committee on Legal Ethics
George R. Clark, Esq. (practice specializing in legal ethics)
Michael S. Frisch, Ethics Counsel, Georgetown University Law Center