Where CIBA does not dispute the individual defendants' right to indemnification under their consulting agreements with it, the trial judge correctly applied New Jersey law to conclude that their representation by the counsel selected by CIBA would pose a conflict of interest and that they were justified in retaining their own counsel when CIBA subsequently failed to offer any acceptable representation, they did not have to choose the same counsel, and each is entitled to recover reasonable attorneys' fees.
August 23, 2004 at 12:00 AM
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