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Lateral Hire Conflict Screening Lessons From DLA Piper Case
Law360 (April 2, 2021, 5:44 PM EDT) A March 2 decision from the U.S. District Court for the Eastern District of Texas in Maxell Ltd. v. Apple Inc.[1] involved a motion to disqualify Apple s counsel due to a conflict triggered by the hiring of a new lateral partner who previously had performed work for Maxell, the opponent in the litigation.
Of particular concern to the court was the application of the American Bar Association s Model Rules of Professional Conduct, which allow screening to cure a conflict when a lawyer changes firms, and the actions that were taken once the conflict was discovered to eliminate the opportunity for disclosure.
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