A subplot has emerged in the ongoing antitrust trial between Google and the federal government, involving one of Google’s prominent law firms. New York-based law firm Paul, Weiss, Rifkind, Wharton & Garrison is facing potential disqualification from the case due to ethics violations. The firm had previously represented several of Google’s accusers, including Yelp, Spotify, and News Corp, but is now defending Google against the Justice Department’s charges of stifling competition.
Of particular concern is the fact that Jonathan Kanter, who was a key counsel representing Google’s antagonists at Paul Weiss, is now leading the DOJ’s case against Google. Kanter left the firm due to a legal conflict, and Paul Weiss subsequently hired attorney Karen Dunn, who had connections to Big Tech clients such as Apple and Amazon.
Yelp has filed a motion to have Paul Weiss removed from the case, arguing that the firm did not receive permission to switch allegiances. According to the American Bar Association’s rules for professional conduct, lawyers cannot switch sides without informed written consent from the previous client. Yelp has called for Paul Weiss to be disqualified as it previously provided counsel to an adverse party in a related matter.
Paul Weiss has defended its representation of Google, stating that it is appropriate in all respects. A spokesperson for the firm dismissed the allegations as baseless and tactically motivated.
Anti-tech critics, such as Matt Stoller and Jeff Hauser, have raised concerns about the potential consequences of Paul Weiss’s client changes. Stoller criticized the firm for disregarding ABA guidelines and suggested that the judge could disqualify them. Hauser, on the other hand, believes that while the firm’s actions may show disloyalty, they also provide valuable insight and ammunition for Google in the legal battle.
Karen Dunn, a partner at Paul Weiss, not only brought her extensive client list but also had deep political ties when she joined the firm. Her husband, Brian Netter, is at the DOJ and she is close with US Attorney General Merrick Garland. This proximity to key figures at the DOJ has raised speculation about the motivations behind Dunn’s critical role in the case.
Overall, the changes in Paul Weiss’s client representation have raised ethical concerns and may have implications for the outcome of the antitrust trial.
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