Anthony E. Davis
This article reviews some recent conflicts of interest cases, which, although from courts outside New York, have relevance and significance for New York lawyers.
‘Sheppard, Mullin’
The most important decision in this area in 2018 was Sheppard, Mullin, Richter & Hampton v. J-M Manufacturing Co., 6 Cal. 5th 59 (2018). The critical issues were: What are the requirements for obtaining waivers of existing conflicts; is it possible to draft an effective and enforceable advance waiver of potential conflicts; and does a client’s sophistication matter in determining the adequacy of the disclosure necessary to obtain the client’s informed consent?
