Beachcomber Management Crystal Cove, LLC v. Superior Court

Attorney who had represented a corporation and its control group is not disqualified from representing the control group in a shareholder derivative action because the control group already knows the corporation’s confidential information.  The trial court erred in disqualifying counsel who had represented corporation and its control group before suit from continuing to represent the…

McDermott Will & Emery, LLP v. Superior Court

No matter how the attorney receives another party’s inadvertently produced privileged material, the attorney owes a duty to notify the privilege holder and await a court’s resolution of any dispute over existence or waiver of the privilege; failure to do so may lead to disqualification.  The trial court did not abuse its discretion in disqualifying…

ESG Capital Partners LP v. Stratos

Buyer of bogus securities states a federal securities fraud claim against the promoter’s lawyer who represented that the promoter was who he purported to be and who misdirected buyer’s downpayment to promoter personally rather than seller company.  Buyers duped by a con artist into paying $11 million for supposed pre-IPO Facebook shares stated a 10b-5…

Ontiveros v. Constable

The same attorney cannot represent both a corporation and those of its officers or shareholders who are sued by a minority shareholder in a derivative action.  The same attorney cannot represent both a corporation and those of its officers or shareholders who are sued by a minority shareholder in a derivative action.  Though the corporation…

Costello v. Buckley

Attorney was disqualified from defending his brother against suit by brother’s former lover whom attorney had previously represented, when the lover produced direct evidence of she had shared relevant confidential information with attorney. Attorney represented Costello in a suit about an easement over property she owned. At the time Costello was romantically involved with Attorney’s…