In her Law360 article, “Navigating Counsel Conflicts Of Interest In Bankruptcy,” Claire Wu discusses the bankruptcy case of Relativity Media LLC, and the partial disqualification of counsel in that matter arising from a law firm’s conflicting duties owed to its current clients.
In the Relativity Media LLC case, the bankruptcy court held that Relativity Media LLC was authorized to retain Winston & Strawn LLP as their general bankruptcy counsel. The court’s decision and accompanying order authorized the retention and employment of Winston & Strawn as debtors’ counsel, but carved out from the firm’s retention matters directly adverse to Netflix Inc., a client of the firm in a patent litigation matter pending in another court.
Wu concludes that the best practice for navigating conflicts of interest in bankruptcy is to hire separate counsel or obtain the informed written consent of each client.
Read the full article here.