Scott Seaman Discusses Conflict of Interest Issues Raised by $25M Exxon Award
In The News | 2 min read
May 23, 2022
Scott Seaman, Hinshaw partner and Chicago-based co-chair of Hinshaw's Global Insurance Services Practice Group, recently discussed with Law360 how ExxonMobil Corp.'s $25 million arbitration award – initially confirmed by a federal judge who owned stock in the company – could impact the public's confidence in the judicial process. The article is titled, "Review Of Exxon's $25M Award Could Have Global Impact."
28 U.S.C. § 455(a) and the Code of Conduct for United States Judges forbid a judge from presiding over a case in which he or she has a financial interest. Seaman notes that this is not an isolated instance. A report from the Wall Street Journal revealed more than 130 federal judges had undisclosed conflicts encompassing approximately hundreds of cases. Most of the situations likely involve inadvertence and an inadequate system for identifying related entity conflicts. Having a proper system in place sometimes can be more complicated than it sounds, but it is important that judges have a system that allows them to identify their financial interests, Seaman adds.
In the article, Seaman states this is “an issue that impacts the confidence in the judiciary across the board and is not simply a concern to insurers."
In regards to the significant conflict of interest questions raised by the case, Seaman said "[i]t is beyond argument that the original judge was required to recuse himself. . . He owned stock in one of the parties before him - the party in whose favor he ruled. . . Parties have a right to have their decisions made by impartial judges." He added, “[w]hen a judge owns stock in one of the parties, he or she has a financial interest. Whether or not this actually influences a judge's decision, it undermines confidence in the judicial process."
The more difficult question is the appropriate remedy. Seaman said “vacating the decision in this case, as well as others where there may have been a conflict, is not so simple. Understandably, there will be a reluctance to vacate decisions in hundreds of cases, but it would seem that whatever remedy is selected, it must be adequate and repose confidence in the system," he said.
Read the full article. (subscription required)
"Review Of Exxon's $25M Award Could Have Global Impact" was published by Law360 on May 11, 2022.
Related People
Related Capabilities
Related Locations
Featured Insights

Press Release
May 20, 2026
Hinshaw Releases America 250 Book Exploring Insurance's Role in Building the United States

Consumer Crossroads: Where Financial Services and Litigation Intersect
May 19, 2026
OCC's Final Escrow-Interest Preemption Rules Bolster the Second Circuit’s Cantero Decision

Webinar
May 19, 2026
Scott Seaman Speaks on Making Decisions in Difficult Risk Environments

Consumer Crossroads: Where Financial Services and Litigation Intersect
May 14, 2026
Key Takeaways from the 2026 MBA Legal Issues and Regulatory Compliance Conference

Consumer Crossroads: Where Financial Services and Litigation Intersect
May 14, 2026
SCOTUS Confirms: Federal Courts Retain Power to Affirm or Vacate an Arbitration Decision

In The News
May 13, 2026
Hinshaw Contributes Chapters to “Wrongful-Death and Survival Actions” IICLE Handbook

In The News
May 12, 2026
Hinshaw GC Steve Puiszis Discusses Protecting Attorney-Client Privilege in an AI Age

Event
May 12-13, 2026
Mitchel Chargo Speaks on the Rapidly Evolving Cannabis Industry

Consumer Crossroads: Where Financial Services and Litigation Intersect
May 11, 2026
Tennessee Reaches Settlement with Mariner in Multistate UDAAP Enforcement Action

Press Release
May 11, 2026
Ali Degan Elected to the Fellows of the American Bar Foundation

Press Release
May 11, 2026
John Weedon Re-Elected to the Jacksonville Bar Association’s Board of Governors in 2026


