Gucci V. Guess: A Lesson On Lapsed Licenses

Law360, New York (June 9, 2010, 12:50 PM EDT) -- Currently pending in the Southern District of New York is the question whether client communications with an inactive bar member are protected by the attorney-client privilege. This issue stems from a 2009 trademark infringement suit filed by design house Gucci America Inc. against apparel designer Guess Inc.[1]

Unbeknownst to Gucci, and to its astonishment, outside counsel for Guess recently discovered that Gucci’s chief in-house lawyer was not properly licensed to practice law. Guess petitioned the court for access to Gucci’s communications with its in-house counsel on...
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