Conflicts of Interest (CLI 2018)

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Jeffrey Merk (Aird Berlis) Omar Figueroa (Law Offices of Omar Figueroa)
Conflicts of interest concerns are present in every practice of law, but special concerns exist when lawyers are representing cannabis clients. Review traditional conflicts checks as they would apply in normal industries, then take a look at the unique concerns facing attorneys that practice in this highly regulated industry. In jurisdictions where licensing is competitive, is there an ethical conflict in representing two clients competing for the same set of finite resources? What about representation of two clients that work together, but at one point end up adverse to each other? And finally, we’ll address the ethics behind investing in clients and alternative fee arrangements in this very unique industry.
Slide Deck

NYSBA Ethics Opinion 
IP Conflicts 
Representing Business Competitors - Conflict or Not? 
Competitor and Other "Finite-Pie" Conflicts
ABA Model Rules of Professional Conduct