This Issue’s Special Section.pdf

Euripides D. Dalmanieras successfully sought to disqualify Yurko, Salvesen & Remz from representing a minority shareholder in a lawsuit against Bryan Corp., Dalmanieras' client, due to a conflict of interest. The Supreme Judicial Court upheld the disqualification, holding that a law firm cannot undertake representation of a new client when a conflict with an existing client is anticipated. Although the court did not adopt the "hot potato doctrine," some argue that the case represents its implicit adoption. Dalmanieras believes the case serves as a reminder to attorneys to police for conflicts and potential conflicts before taking on a case. In a separate case, Jeffrey J. Pyle and Hugh J. Gorman III obtained a preliminary injunction against the state's Supplier Diversity Office, forcing the state to revert to a definition of "minority" that excludes Portuguese-owned businesses from receiving preference in bidding on state contracts. Despite the injunction's success, the lawyers' fight is not over, as three businesses owned by persons of Portuguese origin have intervened and brought counterclaims against Pyle and Gorman's client, Federal Concrete.