Jennifer Kenedy will take part in PLI's Advanced Trade Secrets 2021: New Risks, New Challenges, New Ideas seminar on October 13, 2021 at 4:00pm PST. Jennifer will discuss ethical issues in trade secrets disputes.
Trade secrets disputes, by their very nature, are often mired in ethical considerations. Parties that are forging relationships at arms’ length may start to think of themselves as partners before they are legally united. Lawyers may be hired by one party to give guidance to another. Parties that were once allied and shared counsel may now be in conflict in litigation. Who is the client and what communications are privileged—and when over the course of a relationship might this change? How have ethical and other duties evolved as lawyers continue to help clients navigate a “new normal” of more telecommuting and conducting trials, hearings, depositions and sensitive meetings via platform hosts?
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