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Ethics Keyed to Hazard
Westinghouse Elec. Corp v. Kerr-McGee Corp
Facts
Major law firm Kirkland and Ellis worked with both the American Petroleum Institute (a consortium that included the Appellants, Kerr-McGee Corp.) and Westinghouse. These two interests were put in serious conflict when the firm released a report on behalf of the API finding trade practices to be generally acceptable in the uranium industry on the same day that it filed suit on behalf of Westinghouse alleging an ongoing illegal conspiracy in restraint of trade in the same industry. In the course of preparing this report, Kirkland’s lawyers had sent out a questionnaire to employees of API member companies, including the Appellants, with the understanding that the results would be held in confidence.
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