[Code of Federal Regulations]
[Title 32, Volume 5]
[Revised as of July 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 32CFR776.30]

[Page 518-519]
 
                       TITLE 32--NATIONAL DEFENSE
 
                   CHAPTER VI--DEPARTMENT OF THE NAVY
 
PART 776_PROFESSIONAL CONDUCT OF ATTORNEYS PRACTICING UNDER THE 
 
                 Subpart B_Rules of Professional Conduct
 
Sec. 776.30  Successive Government and private employment.

    (a) Successive Government and private employment:
    (1) Except as the law or regulations may otherwise expressly permit, 
a former covered USG attorney shall not represent a private client in 
connection with a matter in which the covered USG attorney participated 
personally and substantially as a public officer or

[[Page 519]]

employee, unless the appropriate Government agency consents after 
consultation. If a former covered USG attorney in a firm, partnership, 
or association knows that another attorney within the firm, partnership, 
or association is undertaking or continuing representation in such a 
matter:
    (i) The disqualified former covered USG attorney must ensure that he 
or she is screened from any participation in the matter and is 
apportioned no part of the fee or any other benefit therefrom; and,
    (ii) Must provide written notice promptly to the appropriate 
Government agency to enable it to ascertain compliance with the 
provisions of applicable law and regulations.
    (2) Except as the law or regulations may otherwise expressly permit, 
a former covered USG attorney, who has information known to be 
confidential Government information about a person which was acquired 
while a covered USG attorney, may not represent a private client whose 
interests are adverse to that person in a matter in which the 
information could be used to the material disadvantage of that person. 
The former covered USG attorney may continue association with a firm, 
partnership, or association representing any such client only if the 
disqualified covered USG attorney is screened from any participation in 
the matter and is apportioned no part of the fee or any other benefit 
therefrom.
    (3) Except as the law or regulations may otherwise expressly permit, 
a covered USG attorney shall not:
    (i) Participate in a matter in which the covered USG attorney 
participated personally and substantially while in private practice or 
nongovernmental employment, unless under applicable law no one is, or by 
lawful delegation may be, authorized to act in the covered USG 
attorney's stead in the matter; or,
    (ii) Negotiate for private employment with any person who is 
involved as a party or as attorney for a party in a matter in which the 
covered USG attorney is participating personally and substantially.
    (4) As used in this section, the term ``matter'' includes:
    (i) Any judicial or other proceeding, application, request for a 
ruling or other determination, contract, claim, controversy, 
investigation, charge, accusation, arrest, or other particular matter 
involving a specific party or parties, and
    (ii) Any other matter covered by the conflict of interest rules of 
the Department of Defense, DON, or other appropriate Government agency.
    (5) As used in this section, the term ``confidential Governmental 
information'' means information which has been obtained under 
Governmental authority and which, at the time this Rule is applied, the 
Government is prohibited by law or regulations from disclosing to the 
public or has a legal privilege not to disclose, and which is not 
otherwise available to the public.
    (b) [Reserved]