Blog Category

Practice Area Corner

Ad


Legal Malpractice Corner: Risk Management Tip – SEC Reporting Rules Preempts California’s Attorney-Client Privilege

Over the past three months this column has reviewed attorney Sanford Walder’s trial victory over his former employer, Bio-Rad. Among other attorney-client privilege issues, the district court examined whether California law is preempted by regulations promulgated under the Sarbanes-Oxley Act.…
Continue reading “Legal Malpractice Corner: Risk Management Tip – SEC Reporting Rules Preempts California’s Attorney-Client Privilege”…

Legal Ethics Corner: Two’s a Company, Three Might Get You Disqualified: The Ethics of Joint Representation

Amy retains Attorney to prosecute a personal injury action for an arm fracture she sustained in an automobile accident. Amy asks Attorney to meet with Bill who was rendered quadriplegic by the same accident. Bill’s claim is clearly more “valuable”…
Continue reading “Legal Ethics Corner: Two’s a Company, Three Might Get You Disqualified: The Ethics of Joint Representation”…

Risk Management Tip: Beware of Broad Subject Matter Waivers of the Attorney-Client Privilege

We have been examining the role attorney-client privileged information played in Sanford Wadler’s trial victory over his former employer, Bio-Rad. Bio-Rad engaged in actions the court concluded were express waivers of attorney-client privilege under federal law, allowing Wadler to use…
Continue reading “Risk Management Tip: Beware of Broad Subject Matter Waivers of the Attorney-Client Privilege”…

Compensation From One Other Than Your Client, The Bank of Mom and Dad and Others, Beware

The California Rules of Professional Conduct (CRPC) generally prohibit representation of adverse interests without a conflict waiver. Subparagraph (F) of CRPC 3-310 imposes disclosure and consent requirements when attorneys are compensated by someone other than the attorney’s client. (For California…
Continue reading “Compensation From One Other Than Your Client, The Bank of Mom and Dad and Others, Beware”…

Summer of IP Event Features Summer Associates Presenting on Unfolding Issues

In June, BASF’s Intellectual Property Section hosted the first Summer of IP, featuring summer associates speaking on unfolding intellectual property issues. Each summer associate developed their presentation with an experienced attorney and presented their findings to a packed house at…
Continue reading “Summer of IP Event Features Summer Associates Presenting on Unfolding Issues”…

Former BASF President, a Business Trial Lawyer and a Psychology Expert Join BASF Mediation Services

Elizabeth Bader, Bader Conflict Resolution Services Elizabeth Bader’s mediation practice has included the successful resolution of a wide variety of cases, including complex, multi-party, tort-related litigation. Her unique approach to mediation is based on her view that psychological issues, particularly…
Continue reading “Former BASF President, a Business Trial Lawyer and a Psychology Expert Join BASF Mediation Services”…

Risk Management Tip: Waivers of Attorney-Client Privilege Cannot be Undone

Last month, this column examined Sanford Walder’s trial victory over his former employer, Bio-Rad. The district court allowed Wadler to offensively employ material Bio-Rad claimed was protected by attorney-client privilege. Federal Rule of Civil Procedure 502, premised on Model Rule…
Continue reading “Risk Management Tip: Waivers of Attorney-Client Privilege Cannot be Undone”…