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ABA House to Consider Major Changes for Legal Education, New Model Rules for Lawyer Advertising

Submitted by ckanon@abi.org on
The American Bar Association House of Delegates, which determines association-wide policy, will review proposals at the ABA’s upcoming Annual Meeting in August to update model rules governing lawyer/client communications and to change rules and procedures affecting how the ABA accredits the nation’s 204 law schools, according to an ABA press release. The ABA Standing Committee on Ethics and Professional Responsibility is asking the House to approve amendments to the following ABA Model Rules: 7.1: Communications Concerning a Lawyer’s Services; 7.2: Advertising; 7.3: Solicitation of Clients; 7.4: Communication of Fields of Practice and Specialization; and 7.5: Firm Names and Letterheads. The changes in the ABA Model Rules, which serve as recommended guidelines to state regulators, would streamline and simplify the rules and still adhere to constitutional limitations on restricting commercial speech; protect the public; and permit lawyers to use technologies to inform consumers accurately and efficiently about the availability of legal services. For law schools, the most significant proposed change affects the standard requiring a “valid and reliable test” for prospective law students. While a test, such as the LSAT, would no longer be required, language would establish that a school whose admissions policy and practices are called into question is presumptively out of compliance with the standards if it does not require a valid and reliable admissions test as part of its admission policy.

Disclosure Advocate Seeks to Reopen Coal Miner’s Bankruptcy

Submitted by jhartgen@abi.org on

Corporate-turnaround specialist Jay Alix asked a bankruptcy judge to consider reopening coal miner Alpha Natural Resources’ chapter 11 case, citing “gravely troubling and disqualifying disclosure violations” by McKinsey & Co., the Wall Street Journal reported. In court papers filed Wednesday with the U.S. Bankruptcy Court in Richmond, Va., lawyers for Alix said that McKinsey, which worked as an adviser to Alpha during its bankruptcy, concealed an investment in the company and profited by some $50 million as a result. The revelation that McKinsey had a financial interest in the outcome of Alpha’s bankruptcy warrants reopening the case and revisiting whether the firm failed to properly disclose potential conflicts of interest, according to Alix. The request is the latest salvo in a growing legal battle between Alix and the consultancy, which accuses Alix of trying to sully a competitor to the turnaround business he founded decades ago.

Lawmaker Questions U.S. Trustee Over McKinsey’s Conflict Disclosures

Submitted by jhartgen@abi.org on

A Republican member of the House Judiciary Committee asked a Justice Department unit to detail how it enforces bankruptcy rules, concerned that undisclosed conflicts at McKinsey & Co.’s restructuring unit may be compromising the nation’s bankruptcy system, the Wall Street Journal reported. In a July 11 letter to the director of the U.S. Trustee Program, Rep. Andy Biggs of Arizona cited a recent investigation by the Wall Street Journal that found McKinsey disclosed far fewer connections to parties involved in the chapter 11 bankruptcy cases it has worked on than other restructuring firms. In an April, the Journal detailed how McKinsey initially identified 59 connections to participating debtors, creditors, lawyers and accountants in those cases, compared with the more than 15,000 total connections named by 45 other bankruptcy professionals in those matters. On average, McKinsey reported five such relationships per case, compared with the other firms’ disclosures of 171 connections each. The Bankruptcy Code “requires all companies to disclose connections, including conflicts of interest, in order to receive the bankruptcy court’s approval to assist an entity through the bankruptcy process,” Biggs wrote to the director of the U.S. Trustee Program, Clifford J. White III. Biggs asked White to explain the disparity of disclosures between McKinsey RTS, the firm’s restructuring unit, and other bankruptcy professionals, and to describe situations in which professional services would be exempt from disclosure rules.

Commerce Secretary Ross to Sell All Stocks After Ethics Office Warning

Submitted by jhartgen@abi.org on
Commerce Secretary Wilbur Ross said yesterday that he will divest all his remaining equity holdings after the government’s top ethics watchdog said his failure to sell off assets that could pose a conflict of interest “created the potential for a serious criminal violation,” Bloomberg News reported. In his ethics agreement, Ross, a New York businessman, had pledged to divest numerous assets, including all his holdings in Invesco Ltd., within 90 days of his confirmation, and more complex assets within 180 days. But in reports filed in the last month by the Office of Government Ethics, Ross disclosed sales of assets which, the filings said, he had inadvertently failed to sell on time, including at least $20 million worth of Invesco shares. That led the ethics office’s acting director, David Apol, to tell Ross in a letter released yesterday that his failure to sell the assets may have "negatively affected" public trust in the Trump administration.
 
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