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
Oct 22, 2025
Hinshaw & Culbertson LLP Launches New Website and Refreshed Brand

Press Release
Sep 26, 2025
Hinshaw Recognized as a “Leader in Litigation” in the BTI Consulting Litigation Outlook 2026 Survey

Privacy, Cyber & AI Decoded Alert
Sep 23, 2025
Fall 2025 Regulatory Roundup: Top U.S. Privacy and AI Developments for Businesses to Track

Press Release
Sep 15, 2025
Hinshaw Achieves 2024–2025 Mansfield Rule Certification Plus Status

In The News
Sep 5, 2025
Jessica Riley Reflects in a Law360 Story on Lessons She Learned as a Junior Lawyer

Press Release
Aug 25, 2025
Trial Spotlight: Hinshaw Prevails in ERISA Fiduciary Fraud Case






