HomeMy WebLinkAboutR-14-0032City of Miami
Legislation
Resolution: R-14-0032
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 14-00011 Final Action Date: 1/23/2014
.A RESOLUTION OF THE MIAMI CITY COMMISSION WAIVING ANY CONFLICT OF
INTEREST THE LAW FIRM OF MORGAN, LEWIS & BOCKIUS LLP, WOULD HAVE
TO ENABLE IT TO REPRESENT JP MORGAN CHASE IN PROCEEDINGS
CONTEMPLATED TO BE FILED BY THE CITY OF MIAMI IN THE UNITED STATES
DISTRICT COURT, SOUTHERN DISTRICT OF FLORIDA, AND TO CONTINUE TO
PROVIDE REPRESENTATION TO THE CITY OF MIAMI IN CONNECTION WITH
PROCEEDINGS FILED BY THE SECURITIES AND EXCHANGE COMMISSION IN
THE UNITED STATES DISTRICT COURT, SOUTHERN DISTRICT OF FLORIDA.
WHEREAS, the City of Miami contemplates the filing of a lawsuit against JP Morgan Chase for
alleged violations of the Fair Housing Act, in the United States District Court, Southern District of
Florida (the "Proposed Litigation"); and
WHEREAS, the law firm of Morgan Lewis & Bockius LLP, wishes to represent JP Morgan Chase,
in the Proposed Litigation; and
WHEREAS, the law firm of Morgan Lewis & Bockius LLP, through one of its partners, Ivan Harris,
Esq., has represented, and continues to represent, the City of Miami in various proceedings before
the Securities & Exchange Commission ("SEC"); and as a consultant in an enforcement proceeding
filed by the SEC against the City, pending in the United States District Court, Case No.: 13-
22600-CIV-CMA.
WHEREAS, a conflict would exist between the position of the City and the position of JP Morgan
Chase, as the two are contemplated to be opposing parties in the Proposed Litigation; and
WHEREAS, the City Commission has been advised of the conflict of interest; and
WHEREAS, due to the exceptional circumstances that the City finds itself in the SEC case, the
City will break from the general rule and principle that, in the event an attorney or firm represents a
person or entity which sues the City, said attorney or firm will not be permitted to financially benefit
from the City by having the City retain that attorney or firm to represent it in another matter; and
WHEREAS, because under these exceptional circumstances, the City will save an extraordinary
amount of additional attorney's fees that may be necessary to expend if the waiver of the conflict is
not granted; and
WHEREAS, the City Commission agrees to waive any conflict of interest that will occur due to the
law firm of Morgan Lewis & Bockius LLP, representing JP Morgan Chase in the Proposed Litigation,
on the condition that its partner, Ivan Harris, Esq., and in addition, any other partner or associate who
has billed time to the City's matters involving the SEC, will have no involvement with, or participation
in, the Proposed Litigation involving JP Morgan Chase;
City of Miami
Page 1 of 2 File Id: 14-00011 (Version: 2) Printed On: 12/18/2017
File Number: 14-00011 Enactment Number: R-14-0032
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by
reference and incorporated as if fully set forth in this Section.
Section 2. Any conflict of interest that exists or may occur due to the law firm of Morgan Lewis &
Bockius LLP representing JP Morgan Chase, in the Proposed Litigation, and, at the same time,
continuing to provide representation and consulting services to the City in connection with SEC
related matters, is hereby waived.
Section 3. This Resolution shall become effective immediately upon its adoption and signature of
the Mayor.{1}
Footnotes:
.{1} If the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar
days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become
effective immediately upon override of the veto by the City Commission.
City of Miami Page 2 of 2 File Id: 14-00011 (Version: 2) Printed On: 12/18/2017