Disqualification: Lessons from Recent Cases (RECORDING)
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
- William Freivogel, Independent Consultant
- Martin Kaminsky, Greenberg Traurig LLP
- Deanna Kwong, Hewlett Packard Enterprise
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.”
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.
Michael McCabe of McCabe Law LLC represents patent and trademark attorneys, registered patent agents, and other IP professionals in matters concerning ethics, discipline, and professional responsibility. His practice includes matters before the USPTO’s Office of Enrollment and Discipline and the state bars of Maryland, Virginia, and the District of Columbia. He is a registered patent attorney and previously was a litigation partner at two large firms.