Matthew Henderson Says Recent Bellwether Decisions Enforcing Advance Conflict-of-Interest Waivers Represent a Trend Favorable to Law Firms
In The News | 1 min read
Dec 17, 2024
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.
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