Skall will take part in a panel discussion on, “The Interplay of the Ethics Rules and the FCC’s Incentive Auction and Anti-Collusion Rules.” The panel will discuss the novel issues that arise when the legal rules governing conflict of interest, zealous representation and confidentiality are overlaid on the FCC’s incentive auction and anti-collusion rules. The following topics will be discussed:
- Applicable rules of professional conduct and differences between DC, Virginia and ABA model rules
- D.C. Bar Legal Ethics Committee Opinion No. 154 (1986) and No. 317 (2002)
- Various ways conflicts may arise: representation of clients in reverse/reverse; forward/forward; forward/reverse auctions
- “Informed consent” and the use of retainer letters to limit the scope of representation and to obtain advance waivers
- Compliance with the conflict, diligence, and confidentiality rules
- Analytical perspectives on how to determine when a conflict arises: what is the same “matter,” when are interests “adverse,” when multiple representation can be done “zealously”
- Intersection of the rules of professional conduct and FCC’s anti-collusion rules
The FCBA event takes place October 16th in Washington, DC.
Gregg Skall represents broadcasters and other parties in their regulatory dealings before the Federal Communications Commission and in their commercial business dealings. He serves as Washington Counsel to several state broadcaster associations. He also works with telecommunications companies and with radio device manufacturers to obtain FCC approvals and to assure regulatory compliance. Skall is a frequent author on broadcasting and the law and is published in All Access, where his column “FCC Uncensored” is a regular feature.
Follow Gregg Skall on Twitter at @commlaw