Latham & Watkins Fighting To Stay On Aunt Becky's Case Amid Conflicts Concerns
Sometimes firms get so big they create their own headaches.
The Varsity Blues scandal has already sunk a Biglaw managing partner and may end up sinking a whole law firm’s role in the case based on the most recent flurry of documents in the Lori Loughlin and Mossimo Giannulli criminal case.
When you have over 2500 attorneys, there’s bound to be a conflict or two. That’s what prosecutors claim is afoot with Latham & Watkins, which are representing Loughlin and Giannulli in their admissions bribery case.
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At issue are reports that USC, the school where little Aunt Becky got in, then allegedly, illicitly, and promptly declared that she wasn’t going to go to class, is threatening to sue Loughlin and Giannulli for undermining their academic reputation. Entirely unrelated, USC has tried and failed to make it a whole 24 hours without sticking its reputation into the business end of a meat grinder.
Regardless of whether or not USC had a reputation to compromise, the threat of a lawsuit has got prosecutors on the move because Latham & Watkins has also represented USC and the government smells a potential conflict.
Latham, for its part, doesn’t see a problem:
They argue, “USC is not a party to this case, and its status as an alleged victim does not automatically trigger a conflict of interest requiring Latham’s withdrawal. Latham will avoid any direct adversity with USC by relying on co-counsel to handle any cross-examination of USC witnesses and any restitution proceeding in which USC’s financial interests are directly at stake.”
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That’s all well and good, but is Latham really able to do its best work if it can’t cross-examine the USC witnesses? Presumably that’s going to be some key testimony.
For now, everyone on the defense side is comfortable with this arrangement. But if USC files suit or some USC witness testimony takes a weird turn, things could get messier than a Varsity Blues kid’s SAT math section.
Why Lori Loughlin and Mossimo Giannulli’s law firm is speaking out about ‘baseless’ accusations [Deseret News]
Lori Loughlin and Husband Claim Criminal Charges Are ‘Baseless Accusations’ [The Blast]
Earlier: Biglaw Firm Ditches Partner Nabbed In College Admissions Scandal
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Joe Patrice is a senior editor at Above the Law and co-host of Thinking Like A Lawyer. Feel free to email any tips, questions, or comments. Follow him on Twitter if you’re interested in law, politics, and a healthy dose of college sports news. Joe also serves as a Managing Director at RPN Executive Search.