I just read a story off law.com (subscription required) that that was the verdict in the conflict-of-interest claim brought against my old firm by a former client. From what I’ve read, a central issue in the appeal will be whether the breach of fiduciary duty claim was properly tossed out by the trial judge under an arcane rule called the “anti-fracturing rule,” that I won’t bore you with. If that was wrong, then the claim was timely. Stay tuned…
This story frightens me a bit, as a prosecutor.
The charge was that they represented another company, that “got the patents they should have gotten,” and that as a result the other company got the contracts they should have gotten. It’s incredibly speculative, and yet, the jury awarded $40M.
And this is why malpractice insurance for IP is so expensive.
Comments are closed.