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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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of the authors stubbornly continues to dissent.

6. E.g., American Law Institute, Principles of the Law of Nonprofit Organizations § 300 (Tentative Draft No. 1, 2007).

7. Lawrence A. Cunningham, Sharing Accounting’s Burden: Business Lawyers in Enron’s Dark Shadows, 57 Bus. Law.

1421 (2002).

8. Milton C. Regan, Jr., Professional Responsibility and the Corporate Lawyer, 13 Geo. J. Legal Ethics 197 (2000).

9. MR 2.1.

10. William T. Allen, Corporate Governance and a Business Lawyer’s Duty of Independence, 38 Suffolk U. L. Rev. 1

(2004).

11. MR 1.2(d), 1.13(e).

12. E.g., Westinghouse Elec. Corp. v. Kerr-McGee Corp., 580 F.2d 1311 (7th Cir. 1978) (law firm that represented

trade association and received confidential information from member of trade association disqualified from subsequent

representation against member). This issue also arises when a law firm lawyer seeks advice from law firm ethics counsel

about the representation of a client. See Stock v. Schnader Harrison Segal & Lewis LLP, 35 N.Y.S.3d 31 (N.Y. App.

2016) (citing cases).

13. Sarah Helene Duggin, Internal Corporate Investigations: Legal Ethics, Professionalism, and the Employee Interview,

2003 Colum. Bus. L. Rev. 859 (2003).

14. The most recent iteration is available at https://www.justice.gov/usam/usam-9-28000-principles-federalprosecution-business-organizations

(2015) (last visited March 23, 2017).

15. Pa. Bar Assn. Op. 2006-200 (lawyers who contemplate representing both employer and employee should provide

complete and objective disclosure of the risks and advantages of joint representation, reach an understanding about

confidential information, and obtain written informed consent to the joint representation).

16. 15 U.S.C. Chapter 98; 17 C.F.R. Part 205.

17. Lawrence J. Fox & Susan R. Martyn, The Ethics of Representing Organizations: Legal Fictions for Clients 254-262

(Oxford U. Press 2009).

297

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