I agree that the conflict is apparent. Mike is aware and has granted me an oral waiver though not in writing. Yours is a valid concern. Haytham Faraj Sent from my iPhone H, Just an additional paranoid concern of mine on this. Whenever you represent conflicting clients, in order to avoid ethics complaints, you need two things: both parties need to sign informed waivers AND you need to build the wall. Otherwise you're supposed to disengage from one or the other. We've built the wall, but never got waivers. We've created a vulnerability in so doing. I recommend that Dodd be carefully informed by you that we have that wall and that you can't peek over it, much less receive or act on complaints from him re: non-payment by Hashimy. Because YOUR firm represents him, too. We can't dump Hashimy, but you may want to consider disengaging from Dodd once you've finished 3D vs. MVM. We already know that he is shady, so representing him may not be a good risk, either. The alternative may be if Dodd and Hashimy were to cease business contacts altogether, we'd also be in the clear. But I'm not sure when/if that's going to happen. The fact that a complaint from Dodd seems unlikely may be a source of consolation. But that's kind of like saying that it's OK to violate rules so long as you don't get caught. Might want to consider an ethics hotline confidential consultation with your state bar, just to make sure. I'm no ethics expert. Just a guy trying to color inside the lines. Again, no emergency or panic here, but it continues to be one of those niggling things in the back of my mind. N
Neal A. Puckett, Esq LtCol, USMC (Ret) Puckett & Faraj, PC 1800 Diagonal Rd, Suite 210 Alexandria, VA 22314 703.706.9566
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On May 3, 2011, at 9:14 AM, Neal Puckett wrote: Good morning! Finally got back to the gym this morning. Feeling great. I'll get this to Eric, but remember the dispute is with Hashimy and not our firm. I've inquired of Eric several times and he said he's got it. He's advised H of his obligations and now it's between the principals. Neal A. Puckett LtCol, USMC (Ret) Senior Partner Puckett & Faraj, PC 703.706.9566 Good morning partner. Please see below. From: Michael Dodd [mailto:mike.dodd@3dglobalsolutions.net]
Sent: Tuesday, May 03, 2011 8:52 AM
To: Haytham
Subject: FW: Trading Desk should I just file a claim for this? This is now 5 months past due. Mike Dodd <image001.jpg> One Source. Global Solutions. CEO 1185 Ave of the Americas, Suite 1750 New York, New York 10036 Mike.Dodd@3dglobalsolutions.net www.3dglobalsolutions.net Toll free (866) 238-6761 ext 111 Direct Dial 212-205-6171 Fax 866-238-6761 International Cell 001-212-729-6959 This electronic message transmission contains information from 3D Global Solutions which may be confidential or privileged and is otherwise protected by law under the Electronic Communications Privacy Act [18 United States Code ÂÂ 2510-2711]. The information is intended for the use of the individual or entity named above. If you are not the intended recipient, be aware that any disclosure, copying, distribution or use of the contents of this information is prohibited. If you have received this electronic transmission in error, please notify us by calling the sender at 866-238-6761 immediately, and delete or destroy all copies of this transmission. Alternatively, you may contact us by electronic mail at MIS@3Dglobalsolutions.net From: Michael Dodd
Sent: Monday, May 02, 2011 5:42 PM
To: 'eric@puckettfaraj.com'
Subject: Re: Trading Desk Anything yet?
Mike Dodd
CEO 3D Global Solutions
212-729-6959
Sent from my Blackberry
From: Eric S. Montalvo [mailto:eric@puckettfaraj.com]
Sent: Monday, April 25, 2011 12:56 PM
To: Michael Dodd
Subject: RE: Trading Desk
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