
This disqualification case of the week arose in bankruptcy court, in which some of the most daunting conflict of interest and disqualification issues arise. Bankruptcy practice is frequently difficult and complex in this regard in part because the Bankruptcy Code and Rules can complicate the common law disqualification framework and because the status of creditors varies significantly (as does the approach that firms and courts take to conflicts between debtors and creditors and between creditors and creditors). As it turns out, however, this case was uncharacteristically simple. An associate represented the debtor-in-possession in a Chapter 11 bankruptcy, and essentially two
Continue Reading DQ Case of the Week: Negotiating to Work for the Opposing Firm