Anthony Davis Discusses Lessons from Recent Conflict of Interest Cases
In The News | 1 min read
Jan 9, 2019
Anthony Davis' most recent authored article in his regular Professional Responsibility column in the New York Law Journal is titled "Some Lessons from Recent Conflicts Cases." Although the cases were decided by courts outside New York, the article shows how they have relevance and significance for New York lawyers.
Davis begins his analysis with the most important decision in this area: Shepherd, Mullin, Richter & Hampton v. J-M Manufacturing Co., 6 Cal. 5th 59 (2018). He notes that this case has several important lessons:
- Advance waivers of potential future conflicts are permissible in appropriate circumstances, subject to compliance with applicable rules of professional conduct.
- Client sophistication may be considered in determining whether its consent is informed.
- An advance waiver can never be used to support the argument the client had given informed consent when the conflict actually existed, but had not been explicitly disclosed at the time of the conflicting engagement.
The other cases Davis discusses deal with the "hot potato" doctrine and illustrate the importance of clearly articulating the scope of a representation in an engagement letter and timely drafting and sending termination letters closing the file and ending the representation.
Read the full article (PDF)
Read "Some Lessons from Recent Conflicts Cases" on the New York Law Journal website (subscription may be required)
Featured Insights

Insights for Employers Alert
Jun 9, 2026
A Win for Employers: Federal District Court Finds $100,000 H-1B Visa Petition Fee is Unlawful

Press Release
Jun 9, 2026
Calvin Edwards Honored With 2026 Rising Star Award by the Black Men Lawyers’ Association

Webinar
Jun 9, 2026
John DeLascio Speaks on How Social Inflation is Reshaping Insurance Risk

Consumer Crossroads: Where Financial Services and Litigation Intersect
Jun 8, 2026
Court Distinguishes Between Clickwrap and Browsewrap Arbitration Agreements

Webinar
Jun 8, 2026
Aimee Delaney and Jason Oliveri Speak on Workplace Generative AI Usage

Insights for Insurers Alert
Jun 8, 2026
New York’s Sweeping Motor Vehicle Tort Law Reforms: More Than Meets the Eye

Privacy, Cyber & AI Decoded Alert
Jun 5, 2026
AI Governance Expectations on the Rise for Insurers Amid New Regulatory Activity

Press Release
Jun 4, 2026
Hinshaw Recognized Nationally in 2026 Chambers USA Directory

In The News
Jun 3, 2026
Scott Seaman Discusses Wrongful-Death and Survival Actions Handbook on IICLE Podcast



