Adaptix, Inc. v. Dell Inc. et al., 6-13-cv-00437 (TXED February 12, 2014, Order) (Craven, M.J.)
Friday, February 14, 2014
Ethical Screen Avoids Imputed Conflict
The court denied defendant's motion to disqualify plaintiff's counsel. Although two attorneys at plaintiff's firm previously represented defendant in a patent suit, plaintiff's counsel sufficiently screened those two attorneys. "Pursuant to the screen, which the Court finds was timely implemented three days after [plaintiff's firm] was formed, [the two attorneys] have been isolated from any participation in the current matter, including a written agreement that the two attorneys would avoid any communication with other [firm] personnel relating to the [current] matter. All [plaintiff's] lawyers have been notified of the screening and are continuously notified on a monthly basis that the screen is still in effect. Additionally, several mandatory security measures (i.e. password protection) have been put into place. . . . Therefore, even if the Court were to find there was a conflict under ABA Model Rule 1.9, the Court would find [counsel's] screening protocol sufficient as a means of avoiding imputing any such conflict to the entire firm."