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Legal Ethics: Trump, Gawker and the Legal Ethics of Alternative Litigation Finance


Level: Advanced
Runtime: 66 minutes
Recorded Date: May 27, 2023
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Agenda

Rules covered include: 
        • ABA Model Rules
                - 1.2: Scope of Representation
                - 1.6: Confidentiality of Information
                - 1.7: Conflict of Interest
                - 1.8: Client-Lawyer Relationship
                - 5.4: Professional Independence of a Lawyer
                - 7.2: Communications Concerning a Lawyer's Services
        • California Rules of Professional Conduct         
                - Rule 1.2.1: Advising or Assisting the violation of law
                - Rule 2.1: Advisor in representing a client
        • New York Rules of Professional Conduct         
                - Rule 1.2: Scope of representation & allocation of authority 
                - Rule 1.8: Conflict of interest
        • California Business & Professions Code
                - Section 6129: Buying evidence of debt or thing in action

Runtime: 1 hour, 6 minutes
Recorded: May 27, 2023

For NY - Difficulty level: For experienced attorneys only (nontransitional)
For NY - Difficulty Level: Experienced attorneys only (non-transitional)

Description

In the latest installment of this popular series, Zach McGee discusses the legal ethics issues that arise when someone other than the plaintiff is funding a lawsuit, which often goes by the name “alternative litigation finance” or ALF. Zach examines these issues in the context of the two most famous ALF lawsuits that have been prosecuted to date: E. Jean Carroll’s lawsuit against former President Donald Trump alleging that he sexually assaulted and defamed her, and Hulk Hogan’s lawsuit against the gossip website Gawker alleging that the site invaded his privacy when it published a sex tape in which Hogan appeared. Rules covered include: ABA Model Rules 1.2, 1.6, 1.7, 1.8, 5.4 & 7.2; California Rules of Professional Conduct 1.2.1 & 2.1; New York Rules of Professional Conduct 1.2 & 1.8; California Business & Professions Code ? 6129.

This program was recorded on May 27th

Provided By

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Panelists

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Zachary S. McGee

Senior Vice President, Business Affairs
Sony Pictures Entertainment

Zach McGee is Senior Vice President, Business Affairs, for Sony Pictures Entertainment in Culver City where he leads worldwide business affairs for Sony’s home entertainment division. Before moving to Sony, Mr. McGee was the Senior Vice President, Head of Business & Legal Affairs at Miramax, a leading independent film and television studio.

Before joining Miramax, Mr. McGee was a Vice President, Legal Affairs, with NBC Universal, Inc. Prior to moving in-house, Mr. McGee was an associate with Davis Polk. He clerked for the Honorable Michael B. Mukasey, Chief Judge, United States District Court for the Southern District of New York.

Mr. McGee is a magna cum laude graduate of Harvard College and Harvard Law School, and he received his Masters of Business Administration from the UCLA Anderson School of Management.

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