Understanding The Risks Of Dual Representation

Law360, New York (January 14, 2010, 2:30 PM ET) -- The board directs the company’s general counsel to investigate possible corporate wrongdoing. The general counsel hires outside counsel to help. Outside counsel interviews witnesses to assess the allegations and provide legal advice to the company.

Soon after, the U.S. Department of Justice begins its investigation. Class and derivative actions follow, some of which name key corporate executives as defendants.

Under pressure to reduce expenses as a result of the economy, the general counsel retains the same outside counsel to handle the civil litigation because it is...
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