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[textbook]Traversing the Ethical Minefield Problems, Law, and Professional Responsibility by Susan R. Martyn (z-lib.org)(1) (1)

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Maritrans GP Inc. v. Pepper, Hamilton & Scheetz

602 A.2d 1277 (Pa. 1992)

PAPADAKOS, J. . . .

Maritrans is a Philadelphia-based public company in the business of transporting

petroleum products along the East and Gulf coasts of the United States by tug and barge.

Maritrans competes in the marine transportation business with other tug and/or barge

companies, including a number of companies based in New York. Pepper is an old and

established Philadelphia law firm. Pepper and Messina represented Maritrans or its

predecessor companies in the broadest range of labor relations matters for well over a

decade. In addition, Pepper represented Maritrans in a complex public offering of

securities, a private offering of $115 million in debt, a conveyance of all assets, and a

negotiation and implementation of a working capital line of credit. Over the course of the

representation, Pepper was paid approximately $1 million for its labor representation of

Maritrans and, in the last year of the representation, approximately $1 million for its

corporate and securities representation of Maritrans.

During the course of their labor representation of Maritrans, Pepper and Messina

became “intimately familiar with Maritrans’ operations” and “gained detailed financial and

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