The Lawyers' Lawyer Newsletter - Recent Developments in Risk Management - May 2016 Edition
Lawyers' Lawyer Newsletter | 1 min read
May 3, 2016
Download or read the complete newsletter here: The Lawyers' Lawyer Newsletter
- Conflicts of Interest — Subject Matter Conflicts — Can IP Attorneys Simultaneously Represent Two Clients That Are Prosecuting Patents for Similar Inventions?
- Disqualification — Obtaining Privileged Materials Outside of Discovery — Consultation With Former Employee of Opposing Party
- Disqualification — Overly Broad Scope of Engagement Creates Concurrent Representation Conflicts
- Existence of Attorney-Client Relationship — Negotiations Affecting Client and Indemnifying Party
Conflicts of Interest — Subject Matter Conflicts — Can IP Attorneys Simultaneously Represent Two Clients That Are Prosecuting Patents for Similar Inventions?
Maling v. Finnegan, Henderson, Farabow, Garrett & Dunner, LLP, 473 Mass. 336, 42 N.E.3d 199 (2015)
Risk Management Issue: What constitutes an adequate conflicts check where two clients may be pursuing intellectual property in similar inventions (sometimes referred to as a "subject matter conflict")?
Disqualification — Obtaining Privileged Materials Outside of Discovery — Consultation With Former Employee of Opposing Party
In re RSR Corp., No. 13-0499, 2015 WL 7792871, at *3 (Tex. Dec. 4, 2015)
Risk Management Issue: What can law firms do to manage the risk of disqualification when they seek to consult with or engage a former employee of an opposing party?
Disqualification — Overly Broad Scope of Engagement Creates Concurrent Representation Conflicts
M'Guinness v. Johnson et al., 243 Cal. App. 4th 602 (2015)
Risk Management Issue: What can counsel for a closely held corporation do to avoid disqualification in the event of shareholder disputes?
Existence of Attorney-Client Relationship — Negotiations Affecting Client and Indemnifying Party
George Makhoul, etc. v. Watt, Tieder, Hoffar & Fitzgerald, LLP, et al., 11-CV-5108 (PKC) (E.D.N.Y. 2015)
Risk Management Issue: What must law firms do to avoid establishing attorney-client relationships when communicating during the course of an engagement with persons or entities that may be allied in interest to their actual clients?
Download or read the complete newsletter here: The Lawyers' Lawyer Newsletter
This newsletter has been prepared by Hinshaw & Culbertson LLP to provide information on recent legal developments of interest to our readers. It is not intended to provide legal advice for a specific situation or to create an attorney-client relationship.
Related People
Featured Insights

Press Release
May 7, 2026
Hinshaw Recognized as a 2026 BTI Associate Satisfaction A-Lister Firm

Press Release
May 7, 2026
Pedro Hernandez Recognized at the 2026 ALM Florida Legal Awards Gala

Consumer Crossroads: Where Financial Services and Litigation Intersect
May 6, 2026
Second Circuit Rules New York Interest-on-Escrow Law is Preempted by National Bank Act

Privacy, Cyber & AI Decoded Alert
May 6, 2026
From Protection to Readiness: What Today’s Cyber Landscape Demands of Organizations

Press Release
Apr 30, 2026
Six-Attorney Team Joins Hinshaw’s Consumer Financial Services Group

In The News
Apr 29, 2026
Lauren Campisi Featured in the 20th Anniversary of Louisiana Super Lawyers Magazine

In The News
Apr 28, 2026
Matt Henderson Provides Media Insights as Conflict of Interest Lawsuits Target Law Firms

In The News
Apr 28, 2026
Akeela White Analyzes US House Hearing on Credit Reporting Compliance Reforms





