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Ethics
: Legal Ethics ForumTwo interesting cases: (1) providing docs to federal government isn't waiver, given DOJ policy, and (2) state courts can adjudicate patent malpractice claims
Given the harshness of the DOJ's policy about threatening criminal charges if companies don't waive privilege, a California Court of Appeal held that turning over documents to the feds may not act as a waiver of privilege as to those documents in other cases. Regents v. Superior Court.
We're seeing more resistance to the Federal Circuit's recent rulings that only federal courts have subject matter jurisdiction over legal malpractice cases involving patent prosecution. The Fifth Circuit and now Nebraska have a different view. My sense is that the Federal Circuit's position will not prevail in the long run. New Tek Manufacturing, Inc. v. Beehner, 275 Neb. 951, 751 N.W.2d 135 (2008).
Full post as published by Legal Ethics Forum on August 01, 2008 (boomark / email).
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