Disqualification: Lessons from Recent Cases

CLE NOTICE: IPO will apply for Ethics credit for this webinar. Please note that not all states will approve for Ethics credit.

Conflicts of interest in litigation settings plague law firms and their clients, spurred by long term trends such as the advent of megafirms, the proliferation of corporate subsidiaries, and acquisitions.  It is thought that most difficult disputes never become public.  But disqualification proceedings in courtrooms are far from rare.  This webinar will extract lessons for both law firms and their corporate clients on how to try to avoid this minefield, including by analyzing recent disqualification fights in both state and federal courts. 

In addition to the professional responsibility issues that are implicated, the economic consequences of disqualification loom large.  Law firms can suffer damage to their reputation just by being the target of a disqualification proceeding.  In addition, disqualification can be financially costly.

This seminar will look at professional responsibility decisions, as well as the approaches taken by courts when considering disqualification of counsel.  It will discuss whether court disqualification will generally occur solely because of an ethical violation — or whether the totality of the circumstances will be analyzed.

Our panel includes a senior litigation counsel at a major tech company, the general counsel of a large international law firm, and an attorney who specializes in legal professional responsibility and ethics.  They will analyze recent cases with conflicts issues, including those relating to:

  • Corporate affiliations
  • Advance conflict waivers
  • Marketing conversations with prospective clients
  • Lateral hires
  • The hot potato doctrine


Speakers:  

  • William Freivogel, Independent Consultant
  • Martin Kaminsky, Greenberg Traurig LLP
  • Deanna Kwong, Hewlett Packard Enterprise

Neal Dahiya

Bristol-Myers Squibb Company

is an assistant general counsel at Bristol-Myers Squibb, handling global patent litigations as well as business development for the IP group. Prior to joining BMS in 2012, Neal was in private practice for nine years at major law firms in New York.

Martin Kaminsky

Greenberg Traurig LLP

serves as the general counsel of Greenberg Traurig, an international law firm with a large IP litigation practice.  Previously, Marty represented clients that included public companies, exchanges, and professional services firms and their principals in litigation, including professional responsibility matters.  He is author of “Legal and Ethical Issues Involved in Representing Affiliates or Principals of Clients.”

Deanna Kwong

Hewlett Packard Enterprise

is senior IP litigation counsel within the Office of Legal and Administrative Affairs at Hewlett Packard Enterprise Company (HPE).  She and the HPE IP litigation team are responsible for managing all IP lawsuits that are filed against or by HPE worldwide.  Prior to joining HPE, Deanna was in private practice for over a decade.  Deanna serves on the IPO Damages Committee.

Key:

Complete
Failed
Available
Locked
Disqualification: Lessons from Recent Cases
04/10/2019 at 2:00 PM (EDT)   |  60 minutes
04/10/2019 at 2:00 PM (EDT)   |  60 minutes
CLE Credit
4 Questions
4 Questions CLE credit will be available for registered attendees only. If you would like CLE credit for this webinar, please complete the following questions. IPO will apply for CLE for all live programs in the majority of the states that require CLE. IPO will not be applying for CLE in the states of Florida, Ohio, South Carolina, West Virginia, or Texas (attorneys in TX may submit up to 5 hours of self-study credit). Once IPO has received approval from the state(s) CLE boards , certificate(s) of attendance will be available for download from your dashboard.
Survey
8 Questions
CA Certificate of Attendance
Up to 1.00 CLE credits available  |  Certificate available
Up to 1.00 CLE credits available  |  Certificate available California has approved this recording for 1 hour of CLE credit. Only registered attendees that viewed the on-demand program are eligible to claim credit. To claim your credit, select the "claim credits" and then "view/print your certificate" for your records.
IA Certificate of Attendance
Up to 1.00 CLE credits available  |  Certificate available
Up to 1.00 CLE credits available  |  Certificate available Iowa has approved this recording for 1 hour of CLE credit. Only registered attendees that viewed the on-demand program are eligible to claim credit. To claim your credit, select the "claim credits" and then "view/print your certificate" for your records.
IL Certificate of Attendance
Up to 1.00 CLE credits available  |  Certificate available
Up to 1.00 CLE credits available  |  Certificate available Illinois has approved this recording for 1 hour of CLE credit. Only registered attendees that viewed the on-demand program are eligible to claim credit. To claim your credit, select the “claim credits” and then “view/print your certificate” for your records.
MN Certificate of Attendance
Up to 1.00 CLE credits available  |  Certificate available
Up to 1.00 CLE credits available  |  Certificate available Minnesota has approved this recording for 1 hour of CLE Ethics credit. Only registered attendees that viewed the on-demand program are eligible to claim credit. To claim your credit, select the "claim credits" and then "view/print your certificate" for your records.
NJ Certificate of Attendance
Up to 1.00 CLE credits available  |  Certificate available
Up to 1.00 CLE credits available  |  Certificate available New Jersey has approved this recording for 1 hour of CLE credit including 1 hour Ethics credit. Only registered attendees that viewed the on-demand program are eligible to claim credit. To claim your credit, select the "claim credits" and then "view/print your certificate" for your records.
NY Certificate of Attendance
Up to 1.00 CLE credits available  |  Certificate available
Up to 1.00 CLE credits available  |  Certificate available This course was approved in Virginia, a NY approved jurisdiction, for 1 hour of CLE credit including 1 hour of Ethics. Only registered attendees that viewed the on-demand program are eligible to claim credit. To claim your credit, select the “claim credits” and then “view/print your certificate” for your records.
PA Certificate of Attendance
Up to 1.00 CLE credits available  |  Certificate available
Up to 1.00 CLE credits available  |  Certificate available Pennsylvania has approved this recording for 1 hour of CLE credit. Only registered attendees that viewed the on-demand program are eligible to claim credit. To claim your credit, select the "claim credits" and then "view/print your certificate" for your records.
VA Certificate of Attendance
Up to 1.00 CLE credits available  |  Certificate available
Up to 1.00 CLE credits available  |  Certificate available Virginia has approved this recording for 1 hour of CLE credit including 1 hour of Ethics. Only registered attendees that viewed the on-demand program are eligible to claim credit. To claim your credit, select the “claim credits” and then “view/print your certificate” for your records.
WA Certificate of Attendance
Up to 1.00 CLE credits available  |  Certificate available
Up to 1.00 CLE credits available  |  Certificate available Washington has approved this recording for 1 hour of CLE credit. Only registered attendees that viewed the on-demand program are eligible to claim credit. To claim your credit, select the "claim credits" and then "view/print your certificate" for your records.
WI Certificate of Attendance
Up to 1.00 CLE credits available  |  Certificate available
Up to 1.00 CLE credits available  |  Certificate available Wisconsin has approved this recording for 1 hour of CLE credit. Only registered attendees that viewed the on-demand program are eligible to claim credit. To claim your credit, select the "claim credits" and then "view/print your certificate" for your records.