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· 8/18/2010

GSI Commerce Solutions, Inc. v. BabyCenter, L.L.C.

Citations

  • 618 F.3d 204
  • 2010 U.S. App. LEXIS 17182
  • 2010 WL 3239436

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • concluding that, in assessing conflicts, corporate affiliates “should not be considered a single entity for [attorney] conflicts purposes based solely on the fact that one entity is a wholly-owned subsidiary of the other”
  • upholding the disqualification of a law firm that failed to obtain consent from the first-represented client
  • setting forth standard for determining whether client affiliate is a client for the purpose of conflict analysis
  • “Although the American Bar Association (‘ABA’) and state disciplinary codes provide valuable guidance, a violation of those rules may not warrant disqualification.”
  • “Because concurrent representation is ‘prima facie improper,’ it is incumbent upon the attorney to show, at the very least, that there will be no actual or apparent conflict in loyalties or diminution in the vigor of his representation.”
  • reviewing district court order disqualifying counsel for abuse of discretion

Source: CourtListener parenthetical corpus (CC0).

Judges: Winter, Raggi, Livingston

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.