Scribd Logo
Upload

Welcome to Scribd!

  • 8-26-2013 Case 1-90-cv-05722-RMB-THK Document 1371 ENDORSED LETTER Addressed To Judge Richard M. Berman From Raymond G. McGuire Dated 8/22/13

    Uploaded by

    rally524
    67 views2 pages
    08/26/2013 1371 ENDORSED LETTER addressed to Judge Richard M. Berman from Raymond G. McGuire dated 8/22/13 re: Counsel states that the Trustees were polled and each stated he would waive any actual or potential conflict involved with my firm representing both the Funds and CAGNY in connection with the Court's consideration of the recently ratified collective bargaining agreement between CAGNY and the District Council. ENDORSEMENT: Thank you for the 8/22/13. What the Court is seeking--firm KM&M as well as District Council, RO, + AUSA--is a reasoned legal analysis with Authorities, regarding conflicts of interest. See TR. dated 7/16/13. Please submit analyses TODAY!! (Signed by Judge Richard M. Berman on 8/26/2013) (mro) Modified on 8/26/2013 (mro). (Main Document 1371 replaced on 8/26/2013) (mro). (Entered: 08/26/2013)

    Original Title

    8-26-2013 Case 1-90-cv-05722-RMB-THK Document 1371 ENDORSED LETTER addressed to Judge Richard M. Berman from Raymond G. McGuire dated 8/22/13

    Copyright

    © Attribution Non-Commercial (BY-NC)

    Available Formats

    PDF, TXT or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    Report this Document
    08/26/2013 1371 ENDORSED LETTER addressed to Judge Richard M. Berman from Raymond G. McGuire dated 8/22/13 re: Counsel states that the Trustees were polled and each stated he would waive any actual or potential conflict involved with my firm representing both the Funds and CAGNY in connection with the Court's consideration of the recently ratified collective bargaining agreement between CAGNY and the District Council. ENDORSEMENT: Thank you for the 8/22/13. What the Court is seeking--firm KM&M as well as District Council, RO, + AUSA--is a reasoned legal analysis with Authorities, regarding conflicts of interest. See TR. dated 7/16/13. Please submit analyses TODAY!! (Signed by Judge Richard M. Berman on 8/26/2013) (mro) Modified on 8/26/2013 (mro). (Main Document 1371 replaced on 8/26/2013) (mro). (Entered: 08/26/2013)

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Download as PDF, TXT or read online from Scribd
    Flag for inappropriate content
    67 views2 pages

    8-26-2013 Case 1-90-cv-05722-RMB-THK Document 1371 ENDORSED LETTER Addressed To Judge Richard M. Berman From Raymond G. McGuire Dated 8/22/13

    Uploaded by

    rally524
    08/26/2013 1371 ENDORSED LETTER addressed to Judge Richard M. Berman from Raymond G. McGuire dated 8/22/13 re: Counsel states that the Trustees were polled and each stated he would waive any actual or potential conflict involved with my firm representing both the Funds and CAGNY in connection with the Court's consideration of the recently ratified collective bargaining agreement between CAGNY and the District Council. ENDORSEMENT: Thank you for the 8/22/13. What the Court is seeking--firm KM&M as well as District Council, RO, + AUSA--is a reasoned legal analysis with Authorities, regarding conflicts of interest. See TR. dated 7/16/13. Please submit analyses TODAY!! (Signed by Judge Richard M. Berman on 8/26/2013) (mro) Modified on 8/26/2013 (mro). (Main Document 1371 replaced on 8/26/2013) (mro). (Entered: 08/26/2013)

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Download as PDF, TXT or read online from Scribd
    Flag for inappropriate content
    of 2

    KM M

    K AUF F McGUIRE &MARGOLIS


    950 THIRD AVENUE . FOURTEENTH
    NEW YORK, N.Y. 10022 II
    RAYMOND C. MCCUII\.E
    TELEPHONE (212) 644-1010
    DlRECT DIAL: (212) 909-0711
    ELECTRONICALLY FILED
    FACSIMLE (212) 644-1936
    DlRECT FAx: (212) 909-3511
    NEW Yo
    MCCUIIU@KMM.COM
    DOC #: lDs ANC
    DATE FILED: fl2j>!&'/Vl,vW,KMM OM
    August 22, 2013
    BY HAND DELIVERY
    Honorable Richard M. Berman
    United States District Court Judge
    United States District Court for the
    Southern District of New York
    Daniel Patrick Moynihan United \,I ... ..,. ...bc>
    500 Pearl Street ..................-.........
    New York, New York 10007-1312
    Re: U.S. v. District
    ofthe United
    Dear Judge Berman:
    You directed at the hearing before Your Honor on August 12, 2013 that my
    firm poll the eleven sitting Trustees of the New York City District Council of Carpenters
    Welfare, Pension, Annuity, and Apprenticeship, Journeyman Retraining, Educational
    and Industry Funds (collectively, the "Funds") to determine whether each would waive
    any actual or potential conflict of interest involved with my firm representing both the
    Funds and the Contractors Association of Greater New York ("CAGNY") in matters
    involving CAGNY and the New York City and Vicinity District Council of the United
    Brotherhood of Carpenters and Joiners of America (the "District Council") that are
    pending before Your Honor in the above-referenced matter. We did poll the Trustees
    and each stated he would waive any actual or potential conflict involved with my firm
    representing both the Funds and CAGNY in connection with the Court's consideration
    of the recently ratified collective bargaining agreement between CAGNY and the District
    Council.
    In an abundance of caution, however, and to eliminate the risk of a
    recurrence of the appearance of a conflict, CAGNY has retained Dennis Lalli of Bond
    Schoeneck & King PLLC ("BSK") to represent it in all matters involving it and the
    District Council, not just in matters arising before Your Honor; Mr. Lalli entered a
    KM M
    K AUF F MCGUlI'>E&MARGOL1S LLP
    Honorable Richard M. Berman
    August 22, 2013
    Page 2
    notice of appearance on August 20, 2013. Since neither I nor my firm had entered our
    appearance on behalf of CAGNY, I have not withdrawn as CAGNY's counsel in the
    captioned matter. .:===
    My firm believes that the substitution of BSK as CAGNY's counsel should
    eliminate any appearance of a conflict involved in Kauff McGuire & Margolis' ("KM&M")
    representation of the Funds. We should note that in the two and a half years since my
    firm started representing the Funds, no actual conflicts involving KM&M, the Funds and
    CAGNY have arisen.
    To the extent my firm were called on by the Trustees to give legal advice to
    the Funds about any matters involving CAGNY or CAGNY members, or by CAGNY or
    CAGNY members to give legal advice about any matters involving the Funds, we would
    decline the representation request. At no point during our representation of the Funds
    have we been called on by the Trustees to give such legal advice to the Funds or by
    CAGNY or CAGNY members to give advice regarding the Funds.
    Thank you for your attention to this matter. Ifyou desire additional
    information or clarification of information in this letter, Mr. Lalli and I will both be
    present at the hearing presently scheduled for August 26, 2013.
    Respectfully submitted,

    Raymond G. McGuire
    cc: Board of Trustees (via e-mail)
    Ryk Tierney (via e-mail)
    Benjamin Torrance, Esq. (via e-mail)
    Dennis Walsh, Esq. (via e-mail)
    Bridget Rohde, Esq. (via e-mail)
    James Murphy, Esq. (via e-mail)
    Dennis Lalli, Esq. (via e-mail)

    You might also like