Practice Areas

"Yve understands not just the legal risks, but also the business pressures behind them. That made all the difference."

Conflicts Representation for Corporate Leaders

When the stakes are personal and the relationships are complex.

In complex litigation or investigations, it is not uncommon for corporate officers or directors to be named as defendants or targets alongside, or in place of, the company. When that happens, the law firm representing the organization may face an actual or potential conflict of interest, especially if the facts put the individual’s actions under scrutiny or if the individual’s interests may diverge from those of the corporation.

The development of such a conflict is not a failing of the organization’s law firm. They are often a natural and expected development in complex, multi-party matters. They are also ethically manageable. In many cases, the company's existing law firm can continue representing the organization while separate litigation counsel represents the individual or address the discrete issues creating the conflict.

These moments require speed, judgment, and a clear understanding of institutional dynamics. That’s where The Golan Firm comes in.

As conflicts litigation counsel, we step in to protect the individual’s interests, usually in tandem with the broader litigation strategy. While every case is unique, our role is typically not adverse to the company or its lawyers. We instead work in close coordination with the company’s existing counsel to reduce unnecessary friction, preserve privilege, and execute aligned litigation strategies while providing the individual client independent judgment and loyal representation.

Here, our size is our strength. We provide representation with the speed and independence that larger firms often can’t match. Our small-firm advantage allows us to be nimble and deeply attentive to the reputational, legal, and relational risks at stake. We move quickly to protect the individual while working seamlessly alongside the company’s existing counsel, not competing with them.

Importantly, we understand that the individual client’s concerns often go beyond the immediate litigation. The executive may be defending against serious allegations while also trying to navigate a continuing relationship with the company. In some cases, that means rebuilding trust with the board, shareholders, or internal leadership. In others, the litigation itself may present a strategic opportunity to strengthen that relationship by demonstrating transparency, leadership, or cooperation.

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Frequently asked questions

For Individual Clients

Conflicts counsel is an attorney who represents an individual—typically a corporate officer, director, or employee—when the company’s existing legal team cannot do so due to a conflict of interest. This often arises when the individual is:

named personally in litigation or a government investigation;
involved in a matter where their interests may diverge from those of the company;
a witness in an internal investigation with potential exposure; or
asked to make statements or take positions that could carry personal legal risk.

In these situations, legal ethics rules prevent the company’s lawyers from representing both the organization and the individual. Bringing in separate counsel protects your rights, ensures you receive independent legal advice, and allows the company’s counsel to continue representing the organization without conflict.

You may want to consult conflicts counsel if:

you’ve been individually named in litigation or in an investigation;
the company’s lawyers have advised you that they cannot represent you personally;
you are a witness in an internal investigation and want independent advice;
your legal position or recollection may differ from the company’s position taken in litigation or in an internal investigation; or
you’re being asked to sign certifications, declarations, or other statements that may expose you to personal liability.

If any of these situations apply—or if you’re unsure—speaking with conflicts counsel early can help clarify your position and avoid missteps.

No. In fact, we are often brought in at the recommendation of the company’s primary defense counsel or in-house legal team.

While every case is different, we typically work alongside the company’s existing law firm, and our representation of client’s individual interests—whether aligned with or independent from the company’s—often supports the broader defense strategy. We understand how to operate within the larger context of corporate litigation without causing needless disruption. We focus on solving problems, not creating them.

“When your name is on the line, you deserve an advocate whose sole focus is you—your exposure, your future, and your role within the larger story.”

— Yve Golan

Frequently asked questions

For Referring Firms

Ethical rules often prohibit dual representation when the company’s and individual’s interests are even potentially adverse. Engaging independent conflicts counsel helps preserve privilege, maintain strategic clarity, and ensure your firm’s full compliance with professional responsibility obligations. It also gives the individual client the protection they are entitled to under ethics rules and, often, under the company’s own indemnification structure.

We bring sound judgment, steady advocacy, and a collaborative approach to high-stakes litigation. With experience as both defense and plaintiffs’ counsel in complex litigation, and a track record of working alongside co-counsel in multi-party cases, we understand how to navigate overlapping interests and litigation pressures without overstepping. Yve Golan has earned a reputation for being a trusted partner when individual exposure and institutional relationships must be handled with care.

As a small firm, TGF can begin work quickly and integrate with minimal disruption.

In additionto our work in complex and class action defense litigation, we also work as conflicts counsel in:

matters where corporate officers or directors are named individually;
internal investigations involving potential individual exposure;
situations involving separate privilege concerns (e.g., Upjohn warnings, whistleblower claims); and
scenarios where different litigation strategies may be required for different parties affiliated with the company.

“Conflicts representation isn’t about making noise. It’s about independently representing a corporate leader without derailing the litigation, the current legal team, or the individual’s relationship with the company. It’s focused advocacy that respects every layer of the case.”

— Yve Golan

The information supplied on this website is provided for general informational purposes only and does not constitute legal advice. Your specific situation may be unique.

Practice Areas

Conflicts Representation for Corporate Leaders

Frequently asked questions

What is "conflicts representation," and why might I need it?

How do I know if I need conflicts counsel?

Does hiring conflicts counsel suggest that I did something wrong?

Will hiring conflicts counsel disrupt the company’s legal strategy?

I want to maintain a good relationship with the company. Will retaining conflicts counsel make that harder?

Will the company pay for conflicts representation?

When should I think about bringing in conflicts representation?

Frequently asked questions

Why should we refer conflicts counsel instead of handling the representation internally?

Why should we refer to TGF specifically?

Will TGF criticize the existing firm or suggest that it mishandled the conflict?

Will TGF try to take over the case?

How does TGF coordinate with the litigation team?

What kind of matters does TGF handle?

Does TGF offer flexible engagement options?