Legal Seminar, Chicago, IL

A non-attorney policy analyst working with you on a rule concerning regulation of a putative PACE program in the state tells you that his husband just took a job with a residential solar energy company which would substantially benefit from the adoption of a PACE program. He doesn’t seem to think this is a problem with his continued work on the rule. You have concerns, but are not sure, that state government official ethics rules would prohibit his work on the rule, or at least require disclosure of the potential conflict. What must (and should) you do? Hypothetical D

Hypothetical E You have worked as the General Counsel for the DFI Commissioner for eleven years and have developed a friendship in addition to a working relationship. The Commissioner recently has been accused of improperly using government money by obtaining government travel reimbursement for trips that were primarily personal in nature. A criminal investigation has been initiated. Can the criminal investigators subpoena your testimony as to conversations with the Commissioner, or is it protected by attorney-client privilege?

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