July 14, 2011 Articles

Ten Notable Conflict-of-Interest Rulings from the Last Year (or So)

A website revision is definitely in order, but can you accomplish it without running afoul of the ABA Model Rules of Professional Conduct or their state counterparts?

By Nicholas B. Reuhs and Elizabeth H. Mykytiuk

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.

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