Law360, New York (June 30, 2015, 11:53 AM EDT) -- Can your advance conflict waiver actually create new conflicts? A recent decision by a magistrate judge in the Western District of Pennsylvania carved out new ground in the already fertile fields of affiliate conflicts and advance conflict waivers by recommending that Kirkland & Ellis LLP be enjoined from representing the would-be purchaser of a Kirkland client's parent company. Kirkland, consistent with the practice of many firms, had included an advance conflict waiver provision in its engagement letter, undoubtedly to free it as much as possible from future conflicts. But the court construed the waiver as broadening, rather than limiting, the default prohibitions on representations adverse to clients. Attorneys and law firms that use advance waivers in their engagement agreement would be wise to scrutinize the decision — as well as the wording of their advance waivers — to ensure they do not suffer similar unintended consequences....