The motion further contends that "[o]nce Quest has independent counsel, Quest will then be free to decide upon the litigation conduct that best benefits Quest itself by securing a quick, efficient, and just resolution of the action as opposed to the existing feverish, scorched-earth, wasteful, and futile faux defense of a defenseless case that is driven solely by Mssrs. Hensley’s and Prevoznik’s desperate effort to evade disciplinary action, malpractice claims, and likely termination of employment and partnership at each attorney's respective workplace. All to the continuing detriment of the state and federal judiciaries, Quest, and Quest's patients and in abject defiance of the U.S. Department of Health & Human Services’ clear edict that "[a]ccess to your health information is your right. Having access to your health records is a powerful tool in staying healthy. With access to your health information, you can make better decisions with your doctor, better track your progress and do more to be healthy. The Health Insurance Portability and Accountability Act, or HIPAA, for short, gives you the important right to see and get copies of your health information." "Health Information Privacy," U.S. Dep't Health & Human Svcs. website (www.hhs.gov) (emphases in original).
The motion references---as purported evidence of the non-consentable conflict created by Mssrs. Hensley's and Prevoznik's criminal complaint--the public reports in which lawyers have lost jobs as both a Chief Legal Counsel and Partner where they had merely possibly engaged in unethical activity. Morgan Stanley Dean Witter’s Chief Legal Officer Christine Edwards, for example, left her position after it was reported that Morgan Stanley had improperly communicated with the Manhattan District Attorney’s Office in the bank’s reported effort to facilitate a criminal prosecution of an employee who had filed a pending civil action against the bank. See "Morgan Stanley's Top Lawyer Draws Scrutiny in Curry Case," Wall St. Jrn'l, June 4, 1999 (wsj.com); “Morgan Stanley’s Top Lawyer Quits,” N.Y. Post, June 11, 1999 (www.nypost.com) (stating that even though the Chief Legal Office was reportedly “cleared by outside counsel,” the incident had “happened on her watch”). And mergers and acquisitions attorney Gordon Caplan was reportedly let go as Co-Chairman of the law firm Willkie Farr & Gallagher for alleged involvement with the “Varsity Blues” college admissions scandal.