Openwave Sys. v. Myriad France S.A.S.
2011 U.S. Dist. LEXIS 35526 (N.D. Cal. 2011)
The defendant sought to disqualify the firm representing the plaintiff in a contract dispute, citing representation of defendant in a related matter by an attorney that had since joined the firm representing the plaintiff. The court refused to disqualify, citing the presence of an ethical screen, the lack of any evidence demonstrating a sharing of client confidences, the prejudice of granting disqualification, and the defendant’s delay in raising the issue.