Wednesday, January 30, 2013

Local Counsel Conflict Not Imputed to Trial Counsel

The court denied a motion to disqualify plaintiff's national trial counsel due to plaintiff's retention of local counsel who had previously served as patent counsel for defendant's supplier. "[T]he Court readily sees the appearance of a conflict of interest sufficient to support [local counsel's] withdrawal from the representation of [plaintiff] in this action, as has occurred. The instant motion, however, seeks for the Court to impute the conflicts of [local counsel] to another law firm, based on the assumption that confidential information must have been transmitted by [local counsel] to [trial counsel]. In view of the declaration of [local] counsel expressly denying transmittal of any such information, that assumption is ill-founded."

Brandywine Communications Technologies, LLC v. Centurylink, Inc., et. al., 6-12-cv-00286 (FLMD January 28, 2013, Order) (Baker, M.J.).

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