Faculty Notes Official photo of Hofstra Law faculty member Ellen Yaroshefsky, the Howard Lichtenstein Distinguished Professor of Legal Ethics and Executive Director of the Monroe H. Freedman Institute for the Study of Legal Ethics

Published on September 18, 2017 | by LawNews

Prof. Ellen Yaroshefsky Quoted in DeSmogBlog Story on Firm’s Potential Conflict of Interest

This Law Firm Is Both Representing Dakota Access Owner and Suing Its Security Firm
By Steve Horn
Sept. 10, 2017


One Step Removed

In the racketeering and Dakota Access security firm cases, though, Vogel Law Firm has at least some level of plausible deniability, according to Hofstra University Law School Professor Ellen Yaroshefsky. That’s because TigerSwan is not Energy Transfer Partners and is one step removed as its former private security contractor.

Vogel Law Firm is “going to claim that there’s not a relationship. They’re not the same firm and that doesn’t answer the question,” Yaroshefsky told DeSmog. “The question from an ethics perspective is could they have obtained confidential information from TigerSwan in this case they’re going to use against them [or vice versa]. You can’t be on both sides without a wavier, so the way it works if you have two clients [with competing interests], you identify a conflict” and if necessary, obtain a waiver.

Read the full article on the DeSmogBlog website.

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