Monday, June 11, 2012

Conflicts -- Recent Disqualification News

A few disqualifications making news recently:

Locke Lord Lost Thread of Corporate Neutrality --
  • "A federal judge disqualified Locke Lord as counsel in a shareholder dispute after finding that the law firm improperly sided with the individual executive defendants over its corporate clients."
  • "Swiech's lawyer used documents produced by Locke Lord to fight criminal charges in Poland, [U.S. District Judge] Bucklo found. 'Given that Adam Swiech is charged with defrauding the very clients that Locke Lord represents, however, Locke Lord should have taken steps to prevent its work product from being used by Adam Swiech in the criminal proceedings,' she wrote."
ALJ Gildea Denies Motion To Disqualify Counsel In Certain Dynamic Random Access Memory And NAND Flash Memory Devices (337-TA-803) --
  • "Respondents Hynix… argued that the law firm presently representing IV should be disqualified because it had 'represented Hynix for nearly 18 years in ITC and other matters that … are substantially related to the subject matter of this Investigation,' including three Section 337 investigations involving DRAM and NAND Flash Memory technology. Further, Hynix alleged that the law firm had obtained privileged and confidential information regarding Hynix’s legal and business strategies, thereby substantially prejudicing Hynix."
  • "ALJ Gildea determined… Hynix failed to identify any specific prejudice because it did not establish that the technologies involved in the previous investigations were substantially related to the technology at issue in the current investigation. The ALJ also found that Hynix did not provide any facts to suggest that its practices and products from the 1990’s and 2000, when the other investigations were pending, are relevant to this investigation in 2012. Accordingly, ALJ Gildea determined that any potential prejudice to Hynix will be mitigated by the ethical screen already in place."

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