Broad Advance Waivers of Future Conflicts and Galderma


Lawyers sometimes doubt the effectiveness of advance waivers of future conflicts, particularly when the waiver is broad and does not specify potential adverse parties or representations. The recent trend nationally, however, is to enforce such waivers, at least where the client is sophisticated and has independent counsel evaluate the waiver.

One recent important decision evidencing this trend is Galderma Laboratories, LP v. Actavis Mid Atlantic LLC, Case No. 3:12-cv-2038 (N.D. Tex. Feb. 21, 2013). This column examines the enforceability of advance waivers of future conflicts, particularly in Galderma.

As-Needed Conflict Waivers. Ordinarily lawyers seek conflict waivers when a disqualifying conflict – a conflict that must be resolved for a representation to continue – has arisen. Then, as discussed in my October 2012 column “Resolving a Conflict of Interest,” the Missouri Rules of Professional Conduct normally require the lawyer to obtain an affected client’s “informed consent confirmed in writing” to assume or maintain the conflicted representation. See, e.g., Mo. S. Ct. R. 4-1.7(b)(4).

Originally published in St. Louis Lawyer on April 2013.

Please see full article below for more information.

LOADING PDF: If there are any problems, click here to download the file.

Written by:

Published In:

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Armstrong Teasdale LLP | Attorney Advertising

Don't miss a thing! Build a custom news brief:

Read fresh new writing on compliance, cybersecurity, Dodd-Frank, whistleblowers, social media, hiring & firing, patent reform, the NLRB, Obamacare, the SEC…

…or whatever matters the most to you. Follow authors, firms, and topics on JD Supra.

Create your news brief now - it's free and easy »

All the intelligence you need, in one easy email:

Great! Your first step to building an email digest of JD Supra authors and topics. Log in with LinkedIn so we can start sending your digest...

Sign up for your custom alerts now, using LinkedIn ›

* With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name.