A conflicts screen that may not be a screen at all?

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The complaint alleges, “When Cozen [O’Connor] poached McNeil’s attorneys from Pepper in the midst of an ongoing litigation, it knew that its ongoing representation of Mahoney would create an irreconcilable conflict under the Pennsylvania Rules of Professional Conduct, and it knowingly assumed that risk, and knowingly failed to timely implement an appropriate screen and give notice of that screen to McNeil. Cozen’s actions improperly provide its client, Mahoney, with an advantage in the litigation.”

Left to right: James Kwartnik, Jeffrey Mullen, Raymond Deluca and Bruce Ficken, Cozen O’ConnorMcNeil filed a complaint in the Philadelphia Court of Common Pleas, seeking to bar Cozen O’Connor from representing Mahoney under the Pennsylvania Rules of Professional Conduct.

According to the complaint, McNeil had worked with Ficken and Mullen for over a year on the arbitration claims before they left for Cozen O’Connor. They are not the attorneys of record for Mahoney in the arbitration matter.

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Jane Kaiser
A former attorney and trained journalist with more than 30 years of experience, Jane E. Kaiser is an accomplished writer, editor, and author. She regularly ghostwrites nonfiction books and blogs for professionals, including lawyers and law firms, accounting firms, healthcare and insurance organizations, Fortune 500 corporations and small businesses, public relations and marketing agencies, nonprofits, and civic/trade organizations.  Jane has also written speeches for a U.S. president, presidents of the American Bar Association, and an attorney in South Korea; edited publications and reports for major corporations and small service firms; executed communications plans for non-profits and new organizations; and ghost written articles for attorneys, CEOs, and small business owners. The author of "Wisdom, Tips and Musings on Marketing and Public Relations (2002)," Jane has also written for such publications as the Minneapolis Star, Kenosha News, Twin Cities Magazine, Virginia Lawyers Weekly, Illinois Legal Times, Wisconsin Opinions and the Wisconsin Law Journal. In addition, she writes romantic fiction under a nom de plume, and will publish five books about lawyers in love this year. Jane completed undergraduate and graduate degrees in journalism and education from the University of Minnesota, and a law degree from St. Louis University. She also attended Northwestern University.