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POSTPONED: You Never Write, You Never Call: Conflicts Arising from Dormant Representations

Monday, November 20, 2017 12:00 PM to 1:30 PM
Boston Bar Association - 16 Beacon Street, Boston, MA


In several recent cases, firms have grappled with conflicts arising between past and former clients and have struggled to define exactly when representation ends.  For firms with an active patent practice, these challenges may be particularly acute, as issued patents may remain on a firm’s docket for years.  In Guardant Health v. Foundation Medicine, the Northern District of California disqualified a firm from litigating a dispute about advertising for a product where the firm had previously done work related to a patent relating to the product.  In a recent Massachusetts case, Mooney v. Diversified Business Communications, Mooney had used for trust and estate work the firm that now represented the other side in a business dispute.  The Superior Court held that the work was sufficiently episodic that the client was a former client.  This event will review these recent cases and consider the lessons they provide.

We will discuss intriguing questions including:  Is a competitive legal market driving firms to take on cases closer to the edge of a conflict?  What role do firm mergers and expansions play in conflict questions?

Registration Categories:
BBA Member – Free. Included as part of your membership.
Non-Member - $100.00

Not a member? Join the BBA today for free-access to this program any many others. Members also receive discounted rates for CLE programs and Conferences.

Refunds & Cancellations:
Please note that refunds will only be allowed for cancellation notices received at least 24 hours before the program.

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Sponsoring Section/Committee(s):




Carolyn Barrett


BBA Event Calendar