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Author Archives: William J. Wernz

Lawyer whistleblower ethics issues — a difficult duty

How should an in-house lawyer’s employment rights and duties be balanced with the ethics and fiduciary obligations of confidentiality? In Kidwell v. Sybaritic (Minn. June 24, 2010) the plurality opinion provides the civil law answer to this question, leaving the ethics debate to the concurrence and dissent. This question is also addressed in Nordling v. Northern States Power, Co., 478 N.W.2d 498 (Minn. 1991) and in the 2005 amendments to Rules 1.6, 1.13, and 3.3, Minn. R. Prof. Conduct.

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