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Judge Kennedy explained in her ruling, “The court finds that Hasselback’s statements that continued representation in this matter would cause him to violate several ethical obligations trigger mandatory withdrawal under Model Rule 1.16(a) and is sufficient for granting his motion.” She added, “Hasselback need not be required to provide details, beyond his written motion, to establish that mandatory withdrawal is warranted,” and stated that requiring him “to specify the basis for his mandatory withdrawal could create the untenable situation of an attorney having to choose between his obligation of candor to the court and his obligation to maintain his client’s confidences.”
Unfortunately, because of that attorney-client privilege, it is difficult to know what types of ethical dilemmas Hasselback is facing. However, it’s likely just the mere hint at issues will be enough for IPI to find itself, once again, being more closely scrutinized. Where that leads is anyone’s guess, given gaming regulators’ reluctance to hold the company accountable for its actions.
IPI now has until this Friday to find a new lawyer to carry the six-case workload Hasselback had, but will most likely use this as an excuse to delay the ongoing legal battles. It won’t get very far with that, though, and perhaps Judge Kennedy expected IPI to try something. She added in her ruling that the attorney’s exit “may cause some delay, [but] that delay is not so much so that it would cause significant prejudice or adversely and materially affect the plaintiff.”
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However, the latest filing does not create such a system right away. Its OIRA entry describes the action as a preliminary measure and says it is not economically significant under the relevant review criteria. No legal deadline has been listed for review either.
It could, therefore, take quite a bit longer than the timing of the initial filing indicates. The CFTC would have to publish its action and solicit public comment after White House review before writing a formal proposed rule. Any final rule would have to undergo another review and comment period before it could take effect.
The distinction matters for crypto businesses. The filing shows regulatory work is moving forward, but exchanges and other market participants cannot yet consider it a set of rules they must adhere to.
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GREF is a cooperative network bringing together national gambling regulators across Europe and beyond to facilitate dialogue, exchange information and share best practice on regulatory strategies.
Tim Miller, who resigned from the UK Gambling Commission earlier this year, has stepped down from the GREF board and has relinquished his role as treasurer.
Miller served on the forum for several years and was a key UK figure during a period when the Gambling Commission implemented extensive reforms to online gambling regulation and affordability checks. GREF expressed its gratitude for Miller’s contributions during his tenure.
