Litigation & Dispute Resolution

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As Firms Modernize, So Should Law on Conflicts

June 01, 2010

Thanks to the grab-the-bull-by-the-horns decision from Justice H. Walter Croskey of the Second District Court of Appeal, firms hiring a lateral attorney from a firm adverse to their client can sleep more soundly at night without worrying about a nasty disqualification motion.

For decades, California firms have had little guidance as to whether walling or screening off a “tainted” lateral hire would really stand up to a motion seeking to disqualify the entire firm. In fact, after mixed messages from the California Supreme Court, our appellate courts have run the spectrum, from automatic vicarious disqualification of the entire hiring firm to a case-by-case analysis of whether a screen would work or not.

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For more information, please contact:

Batya Forsyth

415-995-5827 Direct Phone
415-995-3479 Fax

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