A federal judge in Newark, N.J., has ousted Buchanan, Ingersoll & Rooney from a patent infringement case for representing two companies with adverse interests, finding client waivers inadequate to resolve the conflict.
U.S. Magistrate Judge Madeline Cox Arleo said the waivers were “very open-ended and vague” and Buchanan Ingersoll did not explain the risks or reasonably available alternatives to its dual representation. The waivers thus do not demonstrate informed consent, as required by Rule of Professional Conduct 1.7(b), she ruled on Monday.
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