Stop-And-Frisk Judge Removed, Fights Back
There is a well-worn joke about a lawyer who runs into an old acquaintance on the street. “I’m so glad to see you!” the friend exclaims. “I’m in terrible trouble—can I ask you a couple of questions?” “Of course,” replies the...more
The relationship for which counsel for a committee could be disqualified was addressed in the recent case of Bingham Greenbaum Doll, LLP v. Glenview Health Care Facility, Inc., 620 B.R. 582 (6th Cir. B.A.P. 2020)...more
Engagement Agreements – Mandatory Fee Arbitration Provisions – Malpractice Arbitration Provisions - District of Columbia Ethics Opinion 376 - Risk Management Issue: What are the requirements to make agreements to arbitrate...more
Practitioners before the United States Patent & Trademark Office (USPTO) must comply with the USPTO Rules of Professional Conduct, 37 C.F.R. §§ 11.10, et seq. Within the USPTO, the Office of Enrollment and Discipline is...more
The Patent Trial and Appeal Board (PTAB), acting under ethical rules 37 CFR 11.109 and 11.108, granted a patent owner discovery in relation to a potential disqualification motion in connection with several covered business...more
The US Court of Appeals for the Federal Circuit concluded that a firm’s ongoing representation of the opposing parties’ indirect subsidiary and affiliate in three patent infringement appeals created a concurrent conflict of...more
Jarvis Properties is a limited partnership with two general partners. As fate would have it, the two general partners are brothers and each brother holds a 50% interest in the partnership. When one brother, James, sued for...more
Federal Circuit Summary - Before Lourie, O’Malley, Reyna. Appeals from the Patent Trial and Appeal Board, United States District Court for the Northern District of West Virginia, and United States District Court for the...more
The case of RehabCare Group East, Inc. v. Village Health Care Management, LLC demonstrates the importance of thorough and vigorous conflict of interest checks by attorneys to avoid representation overlap. This case...more
Chief Judge Saris in the District of Massachusetts recently granted a motion to disqualify the Sunstein law firm from representing Altova in a patent suit against Syncro Soft, upon finding that the conflict was foreseeable...more
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
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
In Matthews v. Stolier, litigation arose regarding several transactions, including a power of attorney document. No. 13-6638, 2015 U.S. Dist. LEXIS 171752 (D.C. La. December 23, 2015). Some of the parties retained an attorney...more
The Business Court on Wednesday disqualified a law firm from representing its longtime corporate client in a lawsuit against the corporation's former CEO and Chairman of its Board of Directors....more
Disqualifying Celgard’s appellate counsel due to a conflict of interest, the U.S. Court of Appeals for the Federal Circuit, in a non-precedential opinion, found that Celgard’s preliminary injunction preventing LG Chem from...more