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Conflicts of Interest Rules of Professional Conduct

Baker Botts L.L.P.

An Attorney's Ethical Obligations to the Client in Third-Party Funded Litigation

Baker Botts L.L.P. on

The landscape of legal practice has significantly changed due to the proliferation of third-party litigation funding, a financial mechanism that provides capital to plaintiffs, including patent owners, in exchange for an...more

Marshall Dennehey

New ABA Formal Ethics Opinion on Attorney Office Sharing Arrangements

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The American Bar Association recently issued a Formal Ethics Opinion addressing the ethics of attorney office sharing arrangements. In Formal Opinion 507, issued on July 12, 2023, the ABA Standard Committee on Ethics and...more

Conn Kavanaugh

Spotting and Avoiding “Material Limitation” Conflicts of Interest

Conn Kavanaugh on

Some conflicts of interest are easy to spot. Most lawyers recognize, for example, that a lawyer cannot act as an advocate in one case against a person the lawyer represents in another case, even if the matters are unrelated. ...more

Maynard Nexsen

Civility in Litigation and Navigating Difficult Opposing Counsel

Maynard Nexsen on

You may not have heard the phrase before, but most likely you have encountered a “litigation terrorist” – an attorney who deliberately creates chaos in litigation. This is a growing trend in litigation and can manifest...more

Copo Strategies + Law Firm Editorial Service

You’re running conflicts checks on your law firm’s marketing content before publishing it, right?

Are you and your law firm running conflicts checks on your and your colleagues’ thought-leadership marketing content? Yes, really, I am talking about running conflicts checks on your and your colleagues’ blog posts, bylined...more

UB Greensfelder LLP

Ohio Board of Professional Conduct Advises on Conflicts Involving Part-Time Prosecutors and Judges

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In some Ohio counties and municipalities, prosecutors and judges are permitted to serve in part-time roles. In such circumstances, the representation of clients in the part-time judge’s or part-time prosecutor’s private...more

Conn Kavanaugh

The Hazards of Informal Advice: Friends, Family, and Holiday Parties

Conn Kavanaugh on

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

Smith Anderson

Lawyers May Simultaneously Represent a Corporation and Its Directors Against Derivative Claims That Do Not Allege “Serious...

Smith Anderson on

In a case of first impression in North Carolina, a judge for the North Carolina Business Court was recently asked to decide whether a single law firm may simultaneously represent both a corporation and its individual...more

Fox Rothschild LLP

One Law Firm. Two Clients. Three Times the Complexity.

Fox Rothschild LLP on

Amidst a “bitter family dispute” over future control of a closely held oil company, can the same law firm represent the directors paving the way for their son to take the reins and the company that minority shareholders seek...more

Womble Bond Dickinson

You Make a Mistake. Should You Continue to Represent the Client?

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“To err is human, to forgive, divine.” But how many of us have godlike clients? At some point in their careers, most lawyers will make a mistake, whether trivial or significant in terms of the representation or the outcome of...more

Hinshaw & Culbertson - Lawyers for the...

The California Lawyers Association Ethics Committee Provides Guidance on the Elements of Effective Ethical Screens

On February 11, 2021, the California Lawyers Association Ethics Committee (the Committee) issued Formal Opinion 2021-1, which identified the "Elements of Effective Ethical Screens" that comply with the California Rules of...more

Conn Kavanaugh

Massachusetts Proposes Amendments to Rules of Professional Conduct

Conn Kavanaugh on

The Supreme Judicial Court Standing Advisory Committee on the Rules of Professional Conduct has solicited comments on proposed amendments to the Rules that will have a broad impact on lawyers’ ethical obligations. The...more

Freeman Law

What are Common Ethical Issues in Tax Practice?

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The nature of tax practice presents a number of unique ethical issues. Tax practice requires compliance with multiple ethical frameworks. This creates ambiguities and raises complex questions. Courts have even questioned...more

Proskauer - California Employment Law

Employer Sues Its Law Firm for Malpractice and EPLI Insurer for Bad Faith

These days, more employers than ever are purchasing Employment Practices Liability Insurance (“EPLI”) to cover them in the event they get sued for employment-related claims. (See our earlier posting on that topic: “A Handy...more

Hinshaw & Culbertson LLP

The Lawyers' Lawyer Newsletter - Recent Developments in Risk Management - May 2019

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

McDermott Will & Schulte

Representation of Opposing Party’s Corporate Subsidiary Can Cause Disqualification

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

Allen Matkins

Two Partners, Three Lawyers, What Would King Solomon Do?

Allen Matkins on

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

Knobbe Martens

Dr. Falk Pharma GmbH v. Generico, LLC

Knobbe Martens on

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

Proskauer - Minding Your Business

The Golden Rules: A Primer on California’s New Professional Responsibility Rules

California overhauled its Rules of Professional Conduct effective November 1, 2018. This post highlights some impactful revisions for commercial litigators. However, all California lawyers should familiarize themselves with...more

Esquire Deposition Solutions, LLC

Imputed Disqualification: Challenges of Suing Former Clients

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

Hinshaw & Culbertson LLP

California District Court Applies California's New Rule of Professional Conduct to Disqualify Firm from Representation

Hinshaw & Culbertson LLP on

SkyBell Technologies, Inc. v. Ring, Inc., No. 18-cv-14 (C.D. Cal Sept. 18, 2018) - Brief Summary - Law Firm bid on the representation of the plaintiff, Sky Bell Technologies ("Plaintiff"), prior to the filing of...more

Proskauer - New England IP Blog

Court Disqualifies Law Firm in Patent Suit, Finding No Quick Fix for Rule 1.7 Violation

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

Holland & Knight LLP

Calif. Supreme Court Breaks New Ground on Arbitrability, Future Waivers and Quantum Meruit

Holland & Knight LLP on

• In Sheppard, Mullin, Richter & Hampton, LLP v. J-M Manufacturing Company, Inc., the Supreme Court of California held that an attorney-client engagement agreement that is arguably tainted by an unwaived or inadequately...more

Esquire Deposition Solutions, LLC

Appearance of Impropriety Isn’t Sufficient for Disqualifying Counsel

After coming under scrutiny by North Carolina Supreme Court officials, appearance-of-impropriety standards are no longer sufficient in determining when former clients may or may not disqualify counsel. As of last April,...more

Goulston & Storrs PC

Massachusetts Federal Court Warns that IP Practitioners Should Anticipate Potential Conflicts Among Existing Clients

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On July 26, 2018, Chief Judge Patti B. Saris of the U.S. District Court for the District of Massachusetts disqualified plaintiff’s counsel in the patent infringement case Altova GmbH v. Syncro Soft Srl, 17-cv-11642, finding...more

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