Hi
I have progressed to the next stage of a paralegal job app where I have been asked to undertake a few tasks. They were given to me at 6pm yesterday and I have to do them by COB today. I have had a late one but am working 9-5 today so thought I would ask the forum for help and see if I am on the right track as I have never really dealt with a question like this before and have extremely limited time.
Question summary is that partner has asked me to undertake an urgent conflicts assessment for a potential new client on its potential acquisition of a company that firm had previously worked with. Firm has never dealt with new client before and doesn't know much about their business but has reason to understand that the acquisition may proceed on a hostile business.
Report shows firm has a long-standing relationship with old client across diff practices areas and jurisdictions but bot currently advising on any matters as relationship was effected when new counsel came around nine months ago. 2 most recent matters were dated 2014 and relate to a global ant-trust compliance programme in NY office and contract issue in London office. We are Manchester office. It is likely that firm holds confidential information in relation to the matters.
Further research is carried into the potential client and they are found to be based in Kazakhstan- have number of divisions including chemical, manufacturing, defence and transport. There are press reports of alleged human rights violations involving certain board members past and present.
My task is to write an email to partner setting out potential issues in assessing whether we can take on the new client.
My thoughts are to use conflict of interest and confidentiality to discuss whether we could act for the client. Bring in the code of conduct and the principles. The current client is a previous client and we are bound by a duty of confidentiality etc. Unless exceptions apply, but as this will be a hostile takeover, it would not make sense to act for new client as we could potentially lose a long-standing one, etc. Does this sound about right?
In relation to the other client being from Kazakhstan, I have never dealt with something like this. Do I just follow the anti-money laundering due diligence guidelines or is that more of a commercial risk analysis, i.e. my firms reputation and risks if they take on a client with human rights violation accusation etc.
I feel like the areas of divisions are also of importance but I am unsure of how to discuss this.
Sorry for the long post I just wanted to be able to speak to someone to bounce my ideas.
Thank you so much
I have progressed to the next stage of a paralegal job app where I have been asked to undertake a few tasks. They were given to me at 6pm yesterday and I have to do them by COB today. I have had a late one but am working 9-5 today so thought I would ask the forum for help and see if I am on the right track as I have never really dealt with a question like this before and have extremely limited time.
Question summary is that partner has asked me to undertake an urgent conflicts assessment for a potential new client on its potential acquisition of a company that firm had previously worked with. Firm has never dealt with new client before and doesn't know much about their business but has reason to understand that the acquisition may proceed on a hostile business.
Report shows firm has a long-standing relationship with old client across diff practices areas and jurisdictions but bot currently advising on any matters as relationship was effected when new counsel came around nine months ago. 2 most recent matters were dated 2014 and relate to a global ant-trust compliance programme in NY office and contract issue in London office. We are Manchester office. It is likely that firm holds confidential information in relation to the matters.
Further research is carried into the potential client and they are found to be based in Kazakhstan- have number of divisions including chemical, manufacturing, defence and transport. There are press reports of alleged human rights violations involving certain board members past and present.
My task is to write an email to partner setting out potential issues in assessing whether we can take on the new client.
My thoughts are to use conflict of interest and confidentiality to discuss whether we could act for the client. Bring in the code of conduct and the principles. The current client is a previous client and we are bound by a duty of confidentiality etc. Unless exceptions apply, but as this will be a hostile takeover, it would not make sense to act for new client as we could potentially lose a long-standing one, etc. Does this sound about right?
In relation to the other client being from Kazakhstan, I have never dealt with something like this. Do I just follow the anti-money laundering due diligence guidelines or is that more of a commercial risk analysis, i.e. my firms reputation and risks if they take on a client with human rights violation accusation etc.
I feel like the areas of divisions are also of importance but I am unsure of how to discuss this.
Sorry for the long post I just wanted to be able to speak to someone to bounce my ideas.
Thank you so much
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