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

October 21, 2010

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?

Download PDF

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.