Identifying and Avoiding Ethical Conflicts of Interest for Life Sciences Attorneys
Timothy H. Kratz
Douglas S. Portnow
Wilson Sonsini Goodrich & Rosati
Bruce S. Weintraub
Senior Corporate Counsel, Intellectual Property, Legal Division
John T. Vaughan
Vice President and Regulatory Counsel
Dynamic Biologics, Inc.
- Best practices for doing conflicts checks for adverse interests in the closely related life sciences world, particularly in light of increased mergers and acquisitions between companies
- Identifying actual conflicts and making sure appropriate waivers are in place
- Subject matter conflicts: representing competitors and maintaining product related confidentiality
- The revolving door: Factoring in high employee turnover between companies
- Hiring an ex-government attorney (FDA, SEC etc): what are the restrictions when dealing with the agency going forward?
- In-house perspective: choosing a law firm in light of potential conflicts
- Knowing the limitations of an ethics screen: when should a firm be disqualified?
- Making a decision whether to waive a law firm conflict
- Understanding when a conflict cannot be waived
- Addressing conflicts in a collaboration or licensing situation: understanding the competing interests at play and addressing ethical dilemmas proactively contractually
- Understanding the ethical requirements during a joint representation: considerations for in-house and law firm counsel
- Determining whether the named employee was acting in the scope of his or her employment
- Making the decision if the employee requires special counsel
- Preparing for testimony and depositions at trial
- Ethical concerns related to potential settlements involving claims against individuals