Lateral Hire Conflict Screening Lessons From DLA Piper Case

Law360 (April 2, 2021, 5:44 PM EDT) -- A March 2 decision from the U.S. District Court for the Eastern District of Texas in Maxell Ltd. v. Apple Inc.[1] involved a motion to disqualify Apple's counsel due to a conflict triggered by the hiring of a new lateral partner who previously had performed work for Maxell, the opponent in the litigation.

Of particular concern to the court was the application of the American Bar Association's Model Rules of Professional Conduct, which allow screening to cure a conflict when a lawyer changes firms, and the actions that were taken once the conflict was discovered to eliminate the opportunity for disclosure...

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