Even if Pepper Hamilton violated a former client’s confidentiality by disclosing an FBI affidavit of probable cause to search that client’s home, the firm can’t be sued considering the affidavit was made public prior to the firm’s disclosure, a Philadelphia trial judge has ruled.
Union leader John J. Dougherty had accused Pepper Hamilton of breaching its fiduciary duty to Dougherty, who the firm represented from 2003 through 2007 in response to a subpoena he received in a federal investigation. Dougherty was never charged as part of that investigation and the firm’s representation of him ended.
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