August 16, 2017

In this article, Jenner & Block Partner Anne P. Ray explains that the rules of professional conduct “are not the end of the story when it comes to conflicts, particularly in the context of class actions.  Indeed, the rules are largely silent about class action litigation and provide next to no guidance regarding conflicts of interest unique to the class action framework.”  She explores topics including conflicts among the class and class counsel and the role the courtplays in attempting to resolve those conflicts.  She concludes by observing that “like any lawyer in any litigation, class counsel may not simultaneously represent two clients with directly adverse interests if there is significant risk that the representation will materially limit the lawyer’s ability to adequately represent either or both clients,”but courts have wide latitude to fashion an appropriate remedy in the class action context.