News & Analysis as of

Disqualification

Putting Information on File Share Site without Protection Waives Privilege, Court Rules: eDiscovery Case Law

by CloudNine on

In Harleysville Insurance Co. v. Holding Funeral Home, Inc., No. 1:15cv00057 (W.D. Va. Feb. 9, 2017), Virginia Magistrate Judge Pamela Meade Sargent ruled that the plaintiff’s placement of privileged information on a file...more

Supreme Court Update: Gloucester County School Board V. G.G. (16-273), Peña-Rodriguez V. Colorado (15-606), And Beckles V. United...

by Wiggin and Dana LLP on

The Court kicked off the week with a flurry of activity in criminal cases, issuing a landmark Sixth Amendment ruling, another decision closing the door on vagueness challenges to the Sentencing Guidelines, a per curiam...more

Company Directors Beware – the CMA’s Disqualification Order

Today, the UK Competition and Markets Authority (CMA) published a 60-second summary for company directors to avoid disqualification for breaches of competition law. Please see the full text of the guidance here. This is part...more

Important Hong Kong Decision Broadens Scope of Disclosure for SFC in Disqualification Proceedings

by Dorsey & Whitney LLP on

In December 2016, the High Court of Hong Kong ordered the Securities and Futures Commission (“SFC”) to disclose all relevant materials obtained in its investigations to respondents in disqualification proceedings. The Court...more

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

Apocalypse Soon? Permanent Disqualification From Department of Defense Contracts May Result From Voluntary Disclosures of Export...

by McCarter & English, LLP on

Etymology, particularly the Greek or Latin roots of words, aids our understanding in much the same way as root cause analysis does. The Greek word for disclosure is ap???????, transliterated to apokálypsi, or “apocalypse.”...more

UK Competition Authority Secures Disqualification of Director for Five Years

by Reed Smith on

On 1 December 2016, the Competition and Markets Authority (CMA) announced that it had secured its first disqualification of a director of a company found to have infringed competition law. Background - Daniel...more

The CMA obtains its first disqualification undertaking from a director for competition law infringement

by Bryan Cave on

Businesses that breach competition law can face serious financial and reputational consequences. Certain serious breaches of competition law may also put individuals at risk of criminal prosecution. In addition, the CMA may...more

Director liability for competition law breaches - the CMA's first UK director disqualification

by DLA Piper on

Financial penalties being imposed on companies for breaches of competition law are well known, particularly because of the very significant amounts involved. However, fines are only one aspect. In the UK, along with lots of...more

You Said It, Now We’re Going to Hold You to It! Hospitals Estopped From Asserting Disqualification Argument.

In theory, it is not an unfair labor practice to refuse to negotiate with a union engaged in competition with the employer—unless, of course, the employer gave the union other reasons for refusing to negotiate. The...more

The Lawyers' Lawyer Newsletter - Halloween Issue October 2016

by Hinshaw & Culbertson LLP on

TRICK OR TREAT! The editors of the Halloween edition of the Lawyers' Lawyer Newsletter invite you to enjoy frightening tales of shocking assaults by non-clients on an unsuspecting law firm; a lawyer's nail-biting escape from...more

Federal Circuit Patent Updates - September 2016

by WilmerHale on

Dynamic 3D Geosolutions LLC v. Schlumberger Limited (No. 2015-1628, 9/12/16) (Lourie, Wallach, Hughes) - Lourie, J. Affirming disqualification of plaintiff's counsel and affirming dismissal of complaint. “We recognize...more

In-House and Outside Counsel Disqualified and Complaint Dismissed Where In-House Counsel Played Significant Role in Preparing...

In Dynamic 3D Geosolutions LLC v. Schlumberger Ltd., Nos. 15-1628, -1629 (Fed. Cir. Sept. 12, 2016), the Federal Circuit affirmed the district court’s decision to disqualify Dynamic 3D’s counsel and dismiss its patent...more

Appellate Court Notes

by Pullman & Comley, LLC on

Supreme Court Advance Release Opinions: SC19589 - Velecela v. All Habitat Services, LLC - SC19589 Concurrence - Velecela v. All Habitat Services, LLC - Claim for negligent infliction of bystander emotion...more

The Science Behind Expert Disqualification

Basic Test - Why stop at excluding expert testimony when you can exclude the expert? For years, expert witness conflicts doctrine has been developed through the federal common law. Although appellate courts have been...more

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

by Hinshaw & Culbertson LLP on

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

CMA warns UK estate agents against colluding in online portal selection

by Bryan Cave on

On 21 April 2016, the Competition and Markets Authority (“CMA”) published an open letter to estate agents in the UK stressing the importance of making independent commercial decisions and warning them against unlawful...more

Defence & Indemnity - April 2016: I. INSURANCE ISSUES

by Field Law on

General information of claims practices and company personnel obtained by an insurer’s in-house counsel is not the type of confidential information that will disqualify the lawyer from acting as Plaintiff’s counsel against...more

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

by Hinshaw & Culbertson LLP on

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

SEC Waivers with Strings Attached: the Wave of the Future?

by Carlton Fields on

The SEC recently attached potentially precedent-setting conditions to a waiver from certain automatic disqualifications under the federal securities laws. Without such waivers, defendants that settle securities law...more

Something in the Water: Flint Judge Disqualifies Himself and Staff as Theoretical Plaintiffs

In late April, U.S. District Court Judge Mark A. Goldsmith, in Concerned Pastors for Social Action, et al. v. Nick A. Kouri, et al., FlintRiverissued an interesting Order Regarding Disqualification. During an April 6, 2016...more

To Establish Conflict of Interest, Former Client Need Only Show Attorney May Have Obtained Confidential Information During Prior...

The Court of Appeal for the Fourth Appellate District in Costello v. Buckley (3/16/2016 - Case No. D068536) affirmed the trial court’s disqualification of defendant’s counsel where he had previously represented plaintiff in...more

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

by 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

ENERGY STAR Disqualifications on the Rise: How to Make Sure Your Product Isn’t Next

by Beveridge & Diamond PC on

The U.S. Environmental Protection Agency (“EPA”) appears to have significantly increased its enforcement of the ENERGY STAR Program’s conformity verification rules over the past year. During 2015, under the broad category of...more

Client Agreement and Failure to Terminate Representation Under the Terms of Client Agreement Results in Firm's Disqualification...

by Hinshaw & Culbertson LLP on

Brief Summary - In 2013, three shareholders sued: (1) each other for breach of fiduciary duties; and (2) their company for involuntary dissolution. The law firm that represented one of the shareholders had been retained...more

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