Greenberg Traurig Avoids Former Client’s DQ Motion By Consenting To Withdrawal

Michael E. McCabe, Jr.Confidentiality, Conflicts of Interest, IP Ethics0 Comments

Greenberg Traurig has apparently decided that discretion is the better part of valor.  The law firm has agreed voluntarily to withdraw as counsel from a litigation rather than face a disqualification motion in which it was charged with a conflict of interest for trying to invalidate patents it helped prosecute.  We previously reported here that Greenberg Traurig had “switched sides” … Read More

New Lawsuit Accuses IP Counsel Of Attacking Same Patents It Prosecuted

Michael E. McCabe, Jr.Confidentiality, Conflicts of Interest, IP Ethics1 Comment

It is Ethics 101 that a law firm cannot use its former client’s confidential information in a substantially related matter on behalf of a different client directly adverse to the former client, at least not without the former client’s informed consent.  The reason for this common sense rule, which prohibits “side-switching,” is that a lawyer’s duty of confidentiality extends beyond … Read More