Litigation
Ca. Litig. Rev. 2025
Content
- Alternative Dispute Resolution Update
- Appeals and Writs
- Art Law
- California Evidence Update 2024
- Clean Hands, Equitable Conduct—a Real-life Cautionary Tale
- Employment Law: Select Cases
- EXECUTIVE COMMITTEE & EDITORIAL BOARD
- Insurance Law
- Military and Veteran Highlights of 2024
- Table of Contents
- Legal Ethics
LEGAL ETHICS
LAWYER DISQUALIFICATION-NORTHERN DISTRICT OF CALIFORNIA DISQUALIFIES LAW FIRM FOR INTERACTIONS WITH FORMER COUNSEL FOR OPPOSING PARTY.
Written by Kermit D. Marsh Esq.*
ESC-Toy Ltd. v. Sony Interactive Ent. LLC, 2023 U.S. Dist. LEXIS 236605, WL 1335079 Lawyers are generally aware of the potential conflicts which can be imputed both from counsel employed by their law firm and from co-counsel from other law firms in litigation. However, the potential for imputed conflict of interest is far broader. In ESC-Toy Ltd. v. Sony Interactive Ent. LLC, 2023 U.S. Dist. LEXIS 236605, 2024 WL 1335079 ("ESC-Toy"), the Northern District of California discussed the broad reach of imputed conflicts of interest when it disqualified a law firm from representation in a lawsuit based upon interaction with an attorney who was not employed at the law firm, was not of counsel to the law firm, and was not counsel of record in the lawsuit. In light of ESC-Toy Ltd., law firms may want to consider expanding their analysis of potential conflicts of interest.