Monday, July 20, 2015

Comment on Celgard v. LG Chem, an unusual disqualification case

Over at Justicia.com, Prof. Ronald Rotunda has posted a short comment on Celgard, LLC v. LG Chem, LTD., which he calls "a most unusual lawyer disqualification case" out of the Federal Circuit. 

In Celgard, the Federal Circuit disqualified law firm Jones Day because it was representing Celgard in a patent dispute while it continued to represent Apple in other matters, even though Apple's connection to the case was that it had a business relationship with one of the parties.  

As Prof. Rotunda explains, if one reads Celgard too broadly, it is a potentially dangerous opinion, but there is no need to do that because there is no conflict simply because a law firm represents a client and the result in the case would make it more difficult or more expensive for another client to purchase goods or services.

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