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64.

Under

the

circumstances, it

would

be

patently

improper for

K&K

to

continue to represent Respondents in the Arbitration.

65.

Additionally, the timing of Respondents’ decision to proceed with the

Arbitration --just six days after Mr. Casey joined the Firm and after Respondents kept it

“on hold” for a year - in and of itself creates the appearance of impropriety.

66.

Petitioners are not aware of any evidence Mr. Casey actually shared

confidential information with any of his colleagues at K&K and this application is not

intended

in

~y

way

to

question

Mr.

Casey’s

integrity.

Regardless,

although

an

attorney’s sharing of confidential information would immediately result in his and his

irm’s disqualification, the absence of any such evidence is of little consequence in a

court’s analysis of a disqualification motion. Indeed, in virtually every case where an

attorney’s cliscluiilifiCcitic)ll 1s inipirtcd to his law lirin, thert: is 170 cvidence of any actual

sharing of confidential information and in many cases the court notes that the decision tu

grant disqualificationis not a comment on the integrity of the disqualified attorney.

MANDEL MUST ALSO BE DISOUALIFIED

67.

As Mandel has been working on this matter as co-counsel with K&K since

at least November 2009, during which time no effective screen has been in place at K&K,

Mandel must be disqualified for all the same reasons K&K must be disqualified.

68.

Mandel has been intimately involved with the Arbitration since soon after

Respondents advised FINRA they had decided to proceed with the Arbitration against the

individual Petitioners, including being on all conference calls. It is certainly fair to

%surne Mandel has acquired all of the infoqnation about the Arbitration K&K has.

16

Supreme Court Records OnLine Library - page 19 of 22

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