News & Analysis as of

Attorney-Client Privilege Disqualification

Farrell Fritz, P.C.

Attorneys Switching Sides During Litigation Sometimes Allowed… at least in the First Department!

Farrell Fritz, P.C. on

Notwithstanding general public opinion of attorney ethics, most people (including attorneys) believe that an attorney cannot dump a client in the middle of litigation to represent the other side. However, attorneys in the...more

Hinshaw & Culbertson LLP

Disqualification Not Warranted Where Attorney Was Involved in Prior Real Estate Transaction Between Two Parties That Resulted in a...

Lynn v. George (2017) 2017 Cal. App. LEXIS 817 - Brief Summary - The California Court of Appeal for the Fourth District held in an action arising from an alleged partnership for buying and selling real property that...more

Hinshaw & Culbertson LLP

The Lawyers' Lawyer Newsletter - Recent Developments in Risk Management - September 2017

Conflict of Interest – Current Clients – Duty of Care with Respect to Unrelated Matters - Oakland Police & Fire Retirement System, et al. v. Mayer Brown, LLP, 861 F.3d 644 (7th Cir. 2017) - Risk Management Issue: Does a...more

McGuireWoods LLP

Reading Inadvertently Disclosed Privileged Documents Risks Disqualification

McGuireWoods LLP on

Nearly every case focusing on inadvertently disclosed privileged communications (during document productions or at other times) focuses on the privilege waiver implications. However, the stakes can be much higher....more

Patterson Belknap Webb & Tyler LLP

Commercial Division Disqualifies Attorney Acting in a Dual Role Pursuant to Advocate-Witness Rule

In a recent decision, Justice Lawrence S. Knipel in the Commercial Division ordered an attorney to comply with a non-party subpoena and disqualified the same attorney from representing her client in the action pursuant to the...more

Hinshaw & Culbertson LLP

The Lawyers' Lawyer Newsletter - Recent Developments in Risk Management - June 2016

Disqualification — Substantially Related Matters — Waiver of Conflict by Lack of Diligence in Seeking Disqualification - State of Minnesota, et al v. 3M Company, Hennepin County (Minn.), Court File No. 27-CV-10-28862...more

Hinshaw & Culbertson LLP

The Lawyers' Lawyer Newsletter - Recent Developments in Risk Management - May 2016

Conflicts of Interest — Subject Matter Conflicts — Can IP Attorneys Simultaneously Represent Two Clients That Are Prosecuting Patents for Similar Inventions? - Maling v. Finnegan, Henderson, Farabow, Garrett & Dunner,...more

BakerHostetler

Federal Circuit Judge Bryson Denies Motion to Disqualify Plaintiff’s Counsel

BakerHostetler on

Providing a rare glimpse into a Federal Circuit judge’s views on the rules of professional conduct governing conflicts of interest, on February 26, 2016, Federal Circuit Judge William Bryson, sitting as a trial judge, denied...more

Morrison & Foerster LLP

In Delaware, Privilege Goes to the Buyer -- Court Finds Buyer Controls Attorney-Client Privilege over Seller’s Pre-Closing...

The Delaware court of chancery held recently that control over a target company’s attorney-client privileged communications, including communications between the target company’s counsel and its pre-merger stockholders,...more

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