Matt Henderson Provides Media Insights as Conflict of Interest Lawsuits Target Law Firms

Hinshaw partner Matt Henderson was quoted in a recent Corporate Counsel article discussing a series of lawsuits accusing several large law firms of representing clients despite conflicts of interest.

The article reviewed several recent cases alleging professional negligence, breach of fiduciary duty, and dual representation of conflicting interests. These cases involve firms accused of drafting agreements favoring one client over another, using a client's confidential information to file a trademark case against that client, and concealing conflicts during estate planning, which allegedly resulted in a client losing tens of millions of dollars.

Matt highlighted that the primary responsibility to identify and avoid conflicts of interest lies with the law firm, emphasizing that the process “needs to be more than just a perfunctory running of the conflicts.” He also said that if the firm is found to have represented a party adverse to the client in the past, firms should interview the involved lawyers to learn more.

Matt also discussed the use of advance conflict waivers, noting that courts typically uphold narrowly tailored waivers agreed to by sophisticated clients, but generally find blanket waivers of all conflicts unenforceable. The article further outlined available remedies for clients who believe their attorney is conflicted, including motions to disqualify, malpractice claims, and breach-of-fiduciary-duty suits.

• • Corporate Counsel: “Lawsuits Accuse Trio of Am Law 200 Firms of Running Afoul of Conflict Rules” (April 17, 2026)