KM M

K AUF F McGUIRE &MARGOLIS
950 THIRD AVENUE . FOURTEENTH
NEW YORK, N.Y. 10022 II
RAYMOND C. MCCUII\.E
TELEPHONE (212) 644-1010
DlRECT DIAL: (212) 909-0711
ELECTRONICALLY FILED
FACSIMLE (212) 644-1936
DlRECT FAx: (212) 909-3511
NEW Yo
MCCUIIU@KMM.COM
DOC #: lDs ANC
DATE FILED: fl2j>!&'/Vl,vW,KMM OM
August 22, 2013
BY HAND DELIVERY
Honorable Richard M. Berman
United States District Court Judge
United States District Court for the
Southern District of New York
Daniel Patrick Moynihan United \,I ... ..,. ...bc>
500 Pearl Street ..................-.........
New York, New York 10007-1312
Re: U.S. v. District
ofthe United
Dear Judge Berman:
You directed at the hearing before Your Honor on August 12, 2013 that my
firm poll the eleven sitting Trustees of the New York City District Council of Carpenters
Welfare, Pension, Annuity, and Apprenticeship, Journeyman Retraining, Educational
and Industry Funds (collectively, the "Funds") to determine whether each would waive
any actual or potential conflict of interest involved with my firm representing both the
Funds and the Contractors Association of Greater New York ("CAGNY") in matters
involving CAGNY and the New York City and Vicinity District Council of the United
Brotherhood of Carpenters and Joiners of America (the "District Council") that are
pending before Your Honor in the above-referenced matter. We did poll the Trustees
and each stated he would waive any actual or potential conflict involved with my firm
representing both the Funds and CAGNY in connection with the Court's consideration
of the recently ratified collective bargaining agreement between CAGNY and the District
Council.
In an abundance of caution, however, and to eliminate the risk of a
recurrence of the appearance of a conflict, CAGNY has retained Dennis Lalli of Bond
Schoeneck & King PLLC ("BSK") to represent it in all matters involving it and the
District Council, not just in matters arising before Your Honor; Mr. Lalli entered a
KM M
K AUF F MCGUlI'>E&MARGOL1S LLP
Honorable Richard M. Berman
August 22, 2013
Page 2
notice of appearance on August 20, 2013. Since neither I nor my firm had entered our
appearance on behalf of CAGNY, I have not withdrawn as CAGNY's counsel in the
captioned matter. .:===
My firm believes that the substitution of BSK as CAGNY's counsel should
eliminate any appearance of a conflict involved in Kauff McGuire & Margolis' ("KM&M")
representation of the Funds. We should note that in the two and a half years since my
firm started representing the Funds, no actual conflicts involving KM&M, the Funds and
CAGNY have arisen.
To the extent my firm were called on by the Trustees to give legal advice to
the Funds about any matters involving CAGNY or CAGNY members, or by CAGNY or
CAGNY members to give legal advice about any matters involving the Funds, we would
decline the representation request. At no point during our representation of the Funds
have we been called on by the Trustees to give such legal advice to the Funds or by
CAGNY or CAGNY members to give advice regarding the Funds.
Thank you for your attention to this matter. Ifyou desire additional
information or clarification of information in this letter, Mr. Lalli and I will both be
present at the hearing presently scheduled for August 26, 2013.
Respectfully submitted,

Raymond G. McGuire
cc: Board of Trustees (via e-mail)
Ryk Tierney (via e-mail)
Benjamin Torrance, Esq. (via e-mail)
Dennis Walsh, Esq. (via e-mail)
Bridget Rohde, Esq. (via e-mail)
James Murphy, Esq. (via e-mail)
Dennis Lalli, Esq. (via e-mail)

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