Scruples: Ex Parte Contacts with an Adversary's (Former) Employee

Download a printable PDF of this article (membership required).

As Ethox answered, Paradox began speaking, “Nemesis has been talking to our engineer.”

“What?” queried Ethox, off-guard.

“You remember,” Paradox continued, “Nemesis has sued Acme Products, claiming Acme’s rocket sled was inherently dangerous.”

“After filing suit, and without notice to us,” Paradox paused for dramatic effect, “Nemesis contacted Acme’s retired chief of engineering and asked about the rocket sled. Such an ex parte communication is unethical, right?”