Advanced Conflict Of Interest Waivers: Tricks Or Treats? (Part 2)

Michael E. McCabe, Jr.Conflicts of InterestLeave a Comment

Guessing wrong about the enforceability of an advanced conflict waiver could lead to unexpectedly bad consequences.  One doomsday scenario is illustrated by a recent California immediate appellate court decision in the case of Sheppard, Mullin, Richter & Hampton, LLP v. J-M Manufacturing, 244 Cal.App.4th 590 (2016). Sheppard Mullin represented J-M Manufacturing (“J-M”) in a Qui Tam litigation.  The Qui Tam action alleged … Read More

Mega Firm Withdraws From Patent Infringement Suit After Former Client Alleges Conflict of Interest

Michael E. McCabe, Jr.Conflicts of Interest, Patent Litigation EthicsLeave a Comment

On September 29, 2014, K&L Gates voluntarily withdrew as defendant’s counsel in a patent infringement action after the plaintiff asked a California federal district court to disqualify the Am Law 100 firm for a conflict of interest because the firm had previously represented the plaintiff regarding the same patents at issue in the litigation. See Cyber Switching Patents, LLC v. … Read More