The Lawyers' Lawyer Newsletter - Recent Developments in Risk Management - October 2010

• In-House Counsel – Admission to the Bar – Loss of Attorney-Client Privilege When General Counsel Not Admitted in Jurisdiction of Principal “Practice”
• Fee-Sharing Agreements Between Law Firms – Client Consent and Notification Requirements
• Attorney-Client Privilege – Inadvertent Waiver 
• Disqualification – Patent Litigation Counsel Not Per Se Subject to Patent Prosecution Bar

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In-House Counsel – Admission to the Bar – Loss of Attorney-Client Privilege When General Counsel Not Admitted in Jurisdiction of Principal “Practice”

Gucci America, Inc. v. Guess?, Inc., 2010 WL 2720015 (S.D.N.Y. June 29, 2010)

Risk Management Issue: What should be done to ensure in-house counsel maintain an active license and continuing good standing to practice law, and what are the consequences when in-house counsel fail to maintain such a license?

Fee-Sharing Agreements Between Law Firms – Client Consent and Notification Requirements

Eng v. Cummings, McClorey, Davis & Acho, PLC, 611 F.3d 427 (8th Cir. July 9, 2010)

Risk Management Issue: What are the implications of failing to obtain a required written client consent for a fee-sharing agreement between law firms?

Attorney-Client Privilege – Inadvertent Waiver

Leader Technologies, Inc. v. Facebook, Inc., 2010 WL 2545960 (D. Del. June 24, 2010)

Risk Management Issue: What must law firms do to protect client confidences when the client wishes to disclose confidential information to a third-party financing company?

Disqualification – Patent Litigation Counsel Not Per Se Subject to Patent Prosecution Bar

In re Deutsche Bank Trust Company Americas LLC, 2010 WL 21069757 (Fed. Cir. May 27, 2010)

Risk Management Issue: What can law firms, especially intellectual property firms, do to limit their risk of disqualification because of subject matter conflicts of interest?

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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.