Title
Recommendation to Authorize the City Attorney to Consent to Law Firm Shute, Mihaly and Weinberger LLP's (SMW) Request to Waive Conflicts of Interest in Connection with SMW's Legal Representation of the City of Alameda and the Alameda County Waste Management Authority. (City Attorney 10023040)
Body
To: Honorable Mayor and Members of the City Council
EXECUTIVE SUMMARY
The City Attorney's Office seeks authorization from the City Council to consent to law firm Shute, Mihaly and Weinberger LLP's (SMW) request to waive potential conflicts of interest (Consent) arising from SMW's legal representation of both the City of Alameda (City) and the Alameda County Waste Management Authority. (StopWaste). SMW serves as General Counsel to StopWaste and intends to provide legal services to the Authority in connection with the leasing of a property at 950 West Tower, Building 39 on Alameda Point. The City Council previously authorized the City Manager to negotiate a lease with StopWaste at this location, and if approved the City would serve as StopWaste's landlord at this location for the duration of the lease. Separately and unrelated to the Building 39 lease, SMW has and continues to serve as special counsel, under the direction of the City Attorney, for the City in connection with development projects and land use matters, especially on tidelands related issues with SMW has specific expertise (City Transactions). SWM has committed to use different attorneys for its City representation and StopWaste Representation. As to the different attorneys who provide legal services to the City and to StopWaste, SMW has agreed to implement ethical walls in connection with its current and future representation of City and StopWaste. Nonetheless, SMW's proposed representation of the City and StopWaste constitutes a "directly adverse conflict" under the Rules of Professional Conduct and requires written consent from the City and StopWaste.
BACKGROUND
SMW has an existing clie...
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