Matthew Henderson Says Recent Bellwether Decisions Enforcing Advance Conflict-of-Interest Waivers Represent a Trend Favorable to Law Firms

Matthew Henderson was recently quoted in a Bloomberg Law article that explores the use of advance conflict-of-interest waivers in retainer agreements and a recent trend of courts taking a more favorable view toward such waivers.

Legal ethics rules generally prohibit law firms from representing parties adverse to existing clients, absent a waiver that allows them to do so. Advance conflict waivers in retainer agreements say clients will agree to waive those conflicts. Courts have traditionally taken a harsh view of such waivers, but recently, federal courts have refused to disqualify several major law firms despite alleged conflicts of interest, including in SuperCooler Technologies Inc. v. The Coca-Cola Co., IBM Corp. v. Micro Focus Inc., and US v. Tournant.

Henderson said the IBM Corp. and SuperCooler rulings were “bellwether” cases that reflect a trend toward upholding advance conflict-of-interest waivers.

Read the full article (subscription required).

"Big Law Firms, Clients Battle Over Advance Conflict Waivers" was published by Bloomberg Law on December 16, 2024.