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

Employment Law Observer
Aug 17, 2026
Massachusetts’ First Paid Family Medical Leave Act Verdict Yields $4.75 Million Award

Press Release
Aug 13, 2026
Lauren Campisi Recognized as a 2026 BTI Client Service All-Star by BTI Consulting Group

Consumer Crossroads: Where Financial Services and Litigation Intersect
Aug 13, 2026
How Will Banks Be Impacted by the Proposed Regulation O Amendments?

Press Release
Aug 12, 2026
William Cook Honored With the Distinguished Service Award by the Chicago Bar Association

Webinar
Aug 12, 2026
John Ryan Presents on "Understanding what is Covered Under the TCPA Today"

In The News
Aug 12, 2026
Scott Seaman Analyzes California’s New Pleading Standards for Excess Insurance Policy Claims

Employment Law Observer
Aug 10, 2026
As Leaves Fall, Leave Requests Rise: Are You Compliant With Chicago’s Expanded Rules?

Press Release
Aug 7, 2026
Daniel McGrath Re-Elected Senior Director of the Federation of Defense & Corporate Counsel

Insights for Insurers Alert
Aug 7, 2026
California Supreme Court Clarifies Pleading Standards for Excess Policy Claims




